Ferguson v. Order of United Commercial Travelers of America

John E. Jennings, Judge,

dissenting.* I would grant the petition for rehearing. In my view the case turns on two provisions contained in the policy and two statutes of this state. The policy provided:

No action at law or equity shall be . . . brought after the expiration of three years after the time written proof of loss is required to be furnished.

The policy also stated:

Any provision of this certificate which, on its effective date, is in conflict with the statutes of the state in which the member resides on such date, is hereby amended to conform to the minimum requirements of such statutes.

A…