Kephart v. Continental Casualty Co.
North Dakota Supreme Court
Appeal from District Court, Wells County; Burke, J. Action by Mary Kephart against the Continental Casualty Company. From a judgment for plaintiff and an order denying a new-trial, defendant appeals. In the absence of a statute a policy may limit the time for suit: thereon. Kiisel v. Mutual Reserve Life Ins.
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Appeal from District Court, Wells County; Burke, J. Action by Mary Kephart against the Continental Casualty Company. From a judgment for plaintiff and an order denying a new-trial, defendant appeals. In the absence of a statute a policy may limit the time for suit: thereon. Kiisel v. Mutual Reserve Life Ins. Co., 107 N. W. 1037;: 38 Cent". Digest, see Insurance 1545. Contract is 'completed at the place and when the proposals of one party are accepted by the other. 1 May on Ins. (4th Ed.) section 43, 66; Marden v. Hotel Owners Ins. Co., 53 N. W. 509. Where a policy is riot binding until…
1Opinion of the CourtFisk, J.
This is an action upon an accident insurance policy issued by the defendant to one Earl C. Kephart; the plaintiff, Mary Kephart, being his mother and the benficiary named in such policy. The face of the policy is $1,000, but it contains a stipulation that in case of accidental injury or loss resulting from unnecessary exposure of the insured to danger or to obvious risk of injury the amount payable shall be only one-tenth of the face of the policy, or, in this case, $100. The policy also contains a provision that satisfactory proof-of claim must be furnished the company at its office at…
2Cases cited5 opinions
- Cameron v. Great Northern Railway Co.North Dakota Supreme Court · 1898
- Stevens v. Continental Casualty Co.North Dakota Supreme Court · 1903
- Sandmeyer v. Dakota Fire & Marine InsuranceSouth Dakota Supreme Court · 1891
- National German American Bank v. LangNorth Dakota Supreme Court · 1891
- Kephart v. Continental Casualty Co.North Dakota Supreme Court · 1908
3Cited by5 opinions
- Bailey v. Security Ins.Oregon Supreme Court · 1921
- Messersmith v. Supreme LodgeNorth Dakota Supreme Court · 1915
- Barnum v. Chamberlain Land & Loan Co.South Dakota Supreme Court · 1914
- Sucker State Drill Co. v. BrockNorth Dakota Supreme Court · 1909
- Chicago & Eastern Illinois Railway Co. v. SchraederIndiana Court of Appeals · 1929