Vincent v. Mutual Reserve Fund Life Assn.
Supreme Court of Connecticut
Action to recover the amount of a policy of life insurance, brought to the Superior Court in New Haven County and tried on demurrer to the complaint; the court, Shumway, J., sustained the demurrer and rendered judgment for the defendant, and the plaintiff appealed for alleged errors in the rulings of the court.
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Action to recover the amount of a policy of life insurance, brought to the Superior Court in New Haven County and tried on demurrer to the complaint; the court, Shumway, J., sustained the demurrer and rendered judgment for the defendant, and the plaintiff appealed for alleged errors in the rulings of the court. This is an action upon a contract of insurance which contains the following provision: “ No action at law, or suit in equity, shall be maintained hereon, or recovery bad, unless such action or suit is commenced within one year from the date of the death of said member.” Ann Murphy, the…
1Opinion of the CourtHamersley, J.
We have recently held in a contract of insurance like this that no action which is commenced after the expiration of the time within which it is agreed any action shall be commenced, can be maintained, unless the performance of the condition to bring suit within the specified time is (1) rendered impossible through the existence of such facts as by the law of contract will excuse the performance of such a condition, or (2) is waived by the insurer, or (3) the insurer has been guilty of such conduct as in law will constitute an estoppel to the assertion of its nonperformance. Chichester v. New…
2Cases cited1 opinion
- Chichester, Admr. v. New Hampshire Fire Ins. Co.Supreme Court of Connecticut · 1902
3Cited by10 opinions
- Hennessy v. Metropolitan Life InsuranceSupreme Court of Connecticut · 1902
- Dahrooge v. Rochester German InsuranceMichigan Supreme Court · 1913
- Vincent v. Mutual Reserve Fund Life Asso.Supreme Court of Connecticut · 1904
- Monteiro v. American Home Assurance Co.Supreme Court of Connecticut · 1979
- Bocchino v. Nationwide Mutual Fire InsuranceSupreme Court of Connecticut · 1998
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