Hoyt v. Massachusetts Bonding & Insurance
Supreme Court of New Hampshire
Action, to recover an indemnity, upon a policy originally issued August 18, 1908 by the.United States Health and Accident Insurance Company, payable to the plaintiff upon the death by accident of her husband, Edward E. Hoyt, who was killed in a railroad accident March 3, 1916. Some time in 1914 the policy was assigned by the insurer to the defendant, Massachusetts Bonding and Insurance Company, who assumed and subsequently renewed the same from time to time.
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Action, to recover an indemnity, upon a policy originally issued August 18, 1908 by the.United States Health and Accident Insurance Company, payable to the plaintiff upon the death by accident of her husband, Edward E. Hoyt, who was killed in a railroad accident March 3, 1916. Some time in 1914 the policy was assigned by the insurer to the defendant, Massachusetts Bonding and Insurance Company, who assumed and subsequently renewed the same from time to time. The policy provided for the payment of $1,000 in case of accidental death which sum had been increased fifty per cent, in accordance…
1Opinion of the CourtParsons, C. J.
The grounds upon which the plea of former action pending was overruled in the second suit are not stated. If the court found the averment that both actions were for the same cause of action was not sustained in fact, the law required the overruling of the plea. Perham v. Lane, 76 N. H. 580. The policy contains no stipulation as to when after proof of loss payment will be made. If as the defendants claim the objection is open to them under the general issue without setting up the defence by plea or brief statement it is because the stipulation postponing the bringing of the suit means that…
2Cases cited2 opinions
- Smith & Marsh v. Northern Neck Mutual Fire Ass'nSupreme Court of Virginia · 1911
- Whitten v. New England Live Stock InsuranceMassachusetts Supreme Judicial Court · 1896
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