Vesey v. Commercial Union Assur. Co.
South Dakota Supreme Court
Appeal from circuit court, Lake county; Hon. Joseph. W. Jones, Judge. ■•■■■ Action by Rena A. Vesey and another against tbe ' Commercial Union Assurance Company, Limited, of London. From a judgment in favor of plaintiffs, defendant appeals; The legislature itself in substancé and effect enacted a form of policy and that form of policy contained the cl ause requiring all actions to be commenced within one year after the fire. Quinlan v. Providence Ins.
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Appeal from circuit court, Lake county; Hon. Joseph. W. Jones, Judge. ■•■■■ Action by Rena A. Vesey and another against tbe ' Commercial Union Assurance Company, Limited, of London. From a judgment in favor of plaintiffs, defendant appeals; The legislature itself in substancé and effect enacted a form of policy and that form of policy contained the cl ause requiring all actions to be commenced within one year after the fire. Quinlan v. Providence Ins. Co., 133 New York 356. The proofs of loss were not furnished in the time required by the provisions of the policy and this failure is fatal to…
1Opinion of the CourtCorson, P. J.
This is an action upon an insurance policy. Findings and judgment were in favor of the plaintiffs, and the defendant has appealed. Numerous errors are assigned, but the appellant, in its brief, has discussed only such as it seems to regard as important, and these will be considered in their order; '
*6381. It is contended by tbe appellant that as the action was not commenced within one year, limited by the policy, the plaintiffs’ claim is barred. There is a provision in the policy that no action can be maintained, unless commenced within 12 months next after the fire. It is conceded that the fire…
2Cases cited19 opinions
- Willcuts v. Northwestern Mutual Life InsuranceIndiana Supreme Court · 1882
- Phœnix Mutual Life Insurance v. HinesleyIndiana Supreme Court · 1881
- Welsh v. London Assurance Corp.Supreme Court of Pennsylvania · 1892
- Ætna Insurance v. ShryerIndiana Supreme Court · 1882
- Ætna Live Stock, Fire & Tornado Insurance v. OlmsteadMichigan Supreme Court · 1870
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3Cited by26 opinions
- People's Fire Insurance v. GoyneSupreme Court of Arkansas · 1906
- Western Nat. Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- Bruins v. AndersonSouth Dakota Supreme Court · 1951
- Yannuzzi v. United States Casualty Co.Supreme Court of New Jersey · 1955
- Thomas v. Modern Brotherhood of AmericaSouth Dakota Supreme Court · 1910
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