Loyal Protective Insurance v. Huffington

Plaintiff in error is hereinafter referred to as the company and defendant in error as Huffington.

Huffington held an accident policy in the company. Having sustained an injury, he- brought suit on the contract. On a trial to the court he had judgment for about $700. To review that judgment the company prosecutes this writ and asks that it be made a supersedeas.

The record raises but two questions which require consideration: (1) Was the accident within the terms of the policy? (2) Was recovery precluded by failure to furnish proof of loss within the ninety days fixed by the policy, or by suit…