Insurance Law Commons^™

Contracto-Impossibility As An Excuse For Failure To Perform Conditions In Insurance Policies Requiring Notice Of Loss

Michigan Law Review

Policies of insurance invariably contain provisions to the effect that, upon occurrence of the event insured against, notice thereof shall be given to the insurer. As in the normal contract, such condition qualifies the undertaking of the promisor unless its performance is legally excused. In actions for breach of promise, impossibility of performance has been held to constitute a good defense to the suit for damages in certain instances, though the early rule was that payment of damages was never impossible and hence impossibility of performance was no defense in an action for breach. It is to be noted that …