such  time,  all  rights  under  the  policy  shall  be  forfeited ;  but  pro-
visions prescribing  the  time  within  which  notice  must  be  given  or
proofs  furnished  will  not  be  construed  as  causes  of  forfeiture
where  not  so  expressly  stipulated  in  the  policy.*  Where  the  stipu-
lation is  that  the  notice  shall  be  given  "  forthwith  "  or  "  immedi-
ately," it  is  satisfied  by  an  immediate  notice  to  the  local  agent,
who  transfers  it  in  a  short  time  to  a  general  agent  ;*-*  but  it  is  not
satisfied  where  there  is  an  unexplained  delay  of  forty-eight  days.*
But,  after  all,  the  question  of  whether  notice  of  a  loss  was  given
"  forthwith."  is  ordinarily  one  of  fact,  there  being  evidence  tend-
ing to  show  reasonable  promptness.*

A  stipulation  that  the  proofs  shall  be  furnished  "  as  soon  after
the  loss  as  possible  "  means  within  a  reasonable  time,*  and  that
reasonable  diligence  shall  be  used.*  It  is  not  complied  with  by
furnishing  the  proof  nine  months,^  four  months,  ®  or  even  two
months*  after  the  fire  unless  the  delay  be  satisfactorily  explained.*^
It  is  proper  under  such  a  provision  to  leave  it  to  the  jury  to  say
whether  or  not  it  has  been  complied  with.**

An  "  immediate  "  notice  means  a  notice  within  a  reasonable
time,**  or  "  as  soon  as  possible  under  the  circumstances,"  *'  or  with
due  diligence.**  It  is  an  "  immediate  "  notice  where  the  loss  occurs
July  14  and  the  notice  is  given  August  5,**  or  where  the  loss  occurs
October  9  and  the  notice  is  given  Nov.  13.**  But  it  is  proper,
under  this  provision,  also  to  submit  the  question  of  whether  or  not
an  immediate  notice  has  been  given  as  one  of  fact  to  the  jury.*''

Where  the  policy  fixes  no  definite  time  within  which  the  notice
must  be  given  or  proofs  furnished,  the  assured  may  do  this  within

1.  Coventry,  etc.,  Ins.  Asso.  z\  Evans,  9.  McPike  v.  Western  Assurance  Co.,

102  Pa.  St.  281.  61  Miss.  37.
