Radick v. Underwriters at Lloyd's, London

EVANS, Circuit Judge.

This action, on an insurance policy issued by defendant, was dismissed because» the cause of action was barred by a policy limitation period of twelve months within-which plaintiffs were required to institute suit against defendant. For plaintiffs, it is argued that this limitation provision was-tolled by the absence of the defendant from the State of Ohio, where the cause-of action arose.

Plaintiffs were injured on May 10, 1939, while riding on a ferris wheel in an amusement park in Lorain, Ohio. They sued the owners of the park (whom defendant had insured), and on…