Nigro v. Commercial Travelers Mutual Accident Ass'n of America

Action by the executor of a beneficiary designated in an accident insurance policy. Order denying the defendant’s motion for summary judgment upon the ground that the action was not started within twelve months after the date of the accident, as required by the policy, affirmed, with ten dollars costs and disbursements. The policy required an action to be commenced thereon within twelve months from the date of the accident causing the loss. Admittedly the accident resulting in death occurred more than six years before the institution of the action. Respondent seeks to escape the twelve…