Tellip v. Home Life Insurance Co. of America

Opinion by

Hirt, J.,

Judgment was entered for defendant for want of a sufficient plaintiffs’ reply to new matter set up in the affidavit iof defense. 'The single question is whether plaintiffs brought their action in time. It is their contention that a contractual limitation in the policy reducing the time for bringing suit is ineffective and that in any event defendant is estopped from enforcing the provision. The facts are not in dispute.

Defendant on March 21, 1930, issued a policy of insurance for $2,000 on the life of Pauline Tellip in which plaintiffs were named as beneficiaries. On June…