National Surety Marine Ins. Corp. v. Wheeler

CLAY, Commissioner. ■

Appellant issued appellee a $12,000 insurance policy covering the loss of personal effects. Appellee suffered such a loss by reason of the theft of his- automobile. This occurred June 4, 1949, and suit on- the policy was filed February 20, 1951. On a jury verdict appellee recovered judgment for $9,000.

Appellant first argues that the limitation of one year within which to file a suit, as provided by the policy, terminated its liability. There was an abundance of evidence, consisting of letters and telegrams, which showed clearly that appellant and appellee were actively…