Heilig v. . Insurance Company
Supreme Court of North Carolina
Appeal from Long, J., at August Term, 1909, of Rowan.- Tbe plaintiff sued to recover upon an accident policy issued to him by tbe defendant on 21 March, 1902, tbe amount stipulated to be paid for tbe accidental loss of a foot.
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Appeal from Long, J., at August Term, 1909, of Rowan.- Tbe plaintiff sued to recover upon an accident policy issued to him by tbe defendant on 21 March, 1902, tbe amount stipulated to be paid for tbe accidental loss of a foot. Tbe accident resulting in tbe injury to plaintiff occurred on 12 July, 1902. Action was begun by plaintiff on 28 January, 1904, wbicb was dismissed at August Term, 1906, of tbe Superior Court, for failure of plaintiff to comply witb tbe terms imposed upon bim for a continuance granted at a previous term. Tbe present action was begun 29 April, 1907. Tbe policy sued upon…
1Opinion of the CourtManning, J.
The stipulation in policies of insurance, limiting tbe time in wbicb actions to recover the loss covered by tbe policies can be begun, has been upheld by this Court in several cases, and is uniformly sustained by the American courts. Modlin v. Insurance Co., 151 N. C., 35; Parker v. Insurance Co., 143 N. C., 339; Muse v. Assurance Co., 108 N. C., 240; Lowe v. Acc. Assur., 115 N. C., 18; Dibbrell v. Insurance Co., 110 N. C., 193; Gerringer v. Insurance Co., 133 N. C., 407; Vance on Insurance, sec. 191, citing in the notes a large number of cases.
The stipulation contained in the policy sued…
2Cases cited8 opinions
- Gerringer v. North Carolina Home InsuranceSupreme Court of North Carolina · 1903
- Modlin v. Atlantic Fire InsuranceSupreme Court of North Carolina · 1909
- Dibbrell v. Georgia Home InsuranceSupreme Court of North Carolina · 1892
- Miller v. Hartford Fire Ins.Supreme Court of Iowa · 1886
- Muse v. London Assurance Corp.Supreme Court of North Carolina · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Fireman's Fund Insurance Co. v. Sand Lake Lounge, Inc.Alaska Supreme Court · 1973
- Avis v. Hartford Fire Insurance CompanySupreme Court of North Carolina · 1973
- Beard v. Sovereign Lodge of Woodmen of the WorldSupreme Court of North Carolina · 1922
- Holly v. London Assurance Co.Supreme Court of North Carolina · 1915
- Moore v. Nashville Union Stock Yards, Inc.Tennessee Supreme Court · 1936
11 more not listed; retrieve them via the Exa API.