Griem v. Fidelity & Casualty Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Outa-gamie county: Johh Goodland, Oircuit Judge. In August, 1892, the defendant issued its policy of insurance to one Charles Griem, in the sum of $1,000, insuring him against bodily injuries sustained through external, violent, and accidental means, with a provision that, if death should result within ninety days from such injuries, the company would pay that sum to the plaintiff, his wife.
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Appeal from a judgment of the circuit court for Outa-gamie county: Johh Goodland, Oircuit Judge. In August, 1892, the defendant issued its policy of insurance to one Charles Griem, in the sum of $1,000, insuring him against bodily injuries sustained through external, violent, and accidental means, with a provision that, if death should result within ninety days from such injuries, the company would pay that sum to the plaintiff, his wife. One of the conditions of the policy was as follows: “Immediate written notice must be given said company, at Hew York City, of any accident and injury for…
1Opinion of the Court
Baedebít, J.
The paramount question in this litigation is whether this action can be maintained in view of the limitation contained in the policy that the action must be brought within sis months from the time of the death of the assured. It was stipulated by the parties that Griem died September 17, 1892, and that this action was not commenced until August 7, 1893, nearly eleven months after his decease. It is settled law in this state that stipulations in an insurance contract limiting the time within which an action may be commenced thereon to a time shorter than that allowed by the statute…
2Cases cited3 opinions
- Hart v. Citizens' Insurance Co. of PittsburgWisconsin Supreme Court · 1893
- Lentz v. Teutonia Fire InsuranceMichigan Supreme Court · 1893
- Shackett v. People's Mutual Benefit SocietyMichigan Supreme Court · 1895
3Cited by7 opinions
- Lundberg v. Interstate Business Men's Accident Ass'nWisconsin Supreme Court · 1916
- Fidelity & Casualty Co. of New York v. LoveCourt of Appeals for the Fifth Circuit · 1901
- Firestone Tire & Rubber Co. v. Board of SupervisorsCalifornia Court of Appeal · 1958
- Heezen v. Hartland Cicero Mutual InsuranceWisconsin Supreme Court · 1974
- Hartzell v. Maryland Casualty Co.Appellate Court of Illinois · 1911
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