Suire v. Combined Insurance Co. of America

CULPEPPER, Judge.

This is a suit for death benefits under an accident indemnity policy issued by the defendant. Plaintiff is the beneficiary under the policy which insured the life of her husband, Anthony Suire, Sr. The district judge sustained defendant’s exception of no cause of action, based on provisions of the policy that proof of loss must be filed within ninety days after the date of the loss and that no legal action for benefits can be filed after the expiration of three' years after the time written proof of loss is required. Plaintiff appealed.

The issue is whether plaintiff’s suit is…