MENT. • The right of an insured to abandon the prop erty insured to the insurer upon the happening of a partial loss is fixed by notice given by the insured to the insurer. If a proper ease for abandonment, the were giving of notice is suffi cient. If not a proper erase for abandonment, the insured may not abandon unless the notice is accepted by the insurer. See INSURANCE.
In addition to the various general rules of common law requiring notice to be given, notice may he required in special cases, as where statutes require notice to he given as a condition of fixing rights and liabilities: or where the parties to a contract stipulate expressly or im pliedly for notice as a means of defining their rights under the contract.
Whether notice must be personally served upon the person to be notified depends upon the particular kind of notice. In general all notices, except those required in the course of litigation, must be personally served. Notice required between litigants may be served upon the attor neys in the case. When notice is required by statute, it must he served upon the person to be notified, unless otherwise specified in the statute. When the giving of notice is a condition
precedent to creating a legal liability, a plaintif seeking to enforce the liability must allege the giving of notice in his declaration or complaint. And in general it may be said that the party relying upon notice as a part of his cause of :teflon or defense must plead and prove it. When, however, the condition is in the nature of a condition subsequent, it is not a part of the pleader's ea use of action, and need not lie pleaded by him. See PLEADING. Consult: Wade, Treatise on (lie Lair of Votive as Jffecting Ciril Rio lots and Remedies (tinn Franeisco. 185G) ; Bennett, Treatise on the Lair of Lis Pewit-its (Chicago, 1887) ; and for the rules affecting notice in eases of motions in actions or proceedings at law. no tices of protest of negotiable paper, etc., consult the authorities referred to under PaocEDITRE; PLEADING; NEGOTIABLE INSTRUMENTS, etc.