The American Liability Co. v. Goddard

— This was an action by appellee, the beneficiary named in a policy of insurance issued to James C. Goddard, deceased, a son of appellee, to recover from appellant under said policy for the accidental death of said policy holder.

The complaint was in one paragraph, to which was attached the policy as an exhibit. There was a demurrer alleging insufficient facts, with memoranda saying that there was a failure to allege that proof of loss had been filed sixty days prior to commencement of suit and that suit was prematurely brought, it being filed less than sixty days from either death or proof of…