Thomson v. American Fidelity Co.
Massachusetts Supreme Judicial Court
Contract upon a policy of accident insurance. Writ dated January 16, 1909. In the Superior Court the case was tried before Wait, J. The material facts are stated in the opinion. At the close of the evidence, the judge ordered a verdict for the defendant; and the plaintiff alleged exceptions. The case was submitted on briefs.
1Opinion of the CourtDe Courcy, J.
The insured, Thomas J. Thomson, died on the fourth day of November, 1908, and this action on the policy of accident insurance issued to him was brought by the beneficiary on the sixteenth day of January, 1909. There was evidence that notice of the accident on one of the blanks furnished by the agent John Paulding Meade, was served on Meade on the eighteenth day of December, 1908.
Provision Five of the General Agreement of the policy is as follows: “No legal proceedings shall be commenced until after three months from the filing of the proof of loss at the Home Office of the company, nor after…
2Cases cited4 opinions
- Little v. Phœnix InsuranceMassachusetts Supreme Judicial Court · 1877
- Lewis v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1902
- Whitten v. New England Live Stock InsuranceMassachusetts Supreme Judicial Court · 1896
- Carlson v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1898
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- Kulberg v. Supreme Council of the Fraternal Aid UnionSupreme Court of Minnesota · 1916
- MacLeod v. I. J. Fox, Inc.Massachusetts Supreme Judicial Court · 1940
- McLeod v. I. J. Fox, Inc.Massachusetts District Court, Appellate Division · 1939