South Carolina Tax Commission v. Metropolitan Life Insurance

(dissenting) :

I respectfully dissent and would affirm the order of the lower court.

The trial judge held that there was no waiver by the defendant and that the company’s practice of paying claims whenever they were properly presented had no effect upon, or relevance to, its legal rights under the Act after the bar of the statute of limitations had become complete.

*41I do not think that the position which the defendant has taken, relative to these claims, deprives it of the defense of the statute of limitations with regard to the policies here involved. The acknowledgments by the defendant’s…