Heywood v. Maine Mutual Accident Ass'n
Supreme Judicial Court of Maine
On report, This was an action of assumpsit upon an accident policy, dated April 20, 1889, and under which the plaintiff sought to recover for injuries received by him April 23, 1890. Plea was the general issue with a brief specification relying for a defense, among other grounds, upon the two following conditions in the certificate or policy : "Second.
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On report, This was an action of assumpsit upon an accident policy, dated April 20, 1889, and under which the plaintiff sought to recover for injuries received by him April 23, 1890. Plea was the general issue with a brief specification relying for a defense, among other grounds, upon the two following conditions in the certificate or policy : "Second. In the event of an accidental injury for which claim may be made under this certificate, or in case of death resulting therefrom, immediate notice shall be given in writing, addressed to the secretary of this association at Portland, stating…
1Opinion of the CourtHaskell, J.
Assumpsit upon a policy of insurance against accidents. The policy contained a stipulation that failure to notify the company of the injury for ten days after it was received should bar all claim therefor. It was competent for the parties to make the agreement, and they are bound by it. The plaintiff neglected to notify the company of any accident or injury to himself, until twenty-six days had elapsed.
A careful examination of the evidence shows no waiver on part of the company.
The authorities cited at the bar conclusively show that plaintiff* cannot recover; according to stipulation of the…
2Cited by6 opinions
- Whiteside v. North American Accident InsuranceNew York Court of Appeals · 1911
- Kendall v. Travelers' Protective Ass'nOregon Supreme Court · 1918
- Metropolitan Casualty Ins. v. JohnstonCourt of Appeals for the Third Circuit · 1918
- Johnson v. Maryland Casualty Co.Supreme Court of New Hampshire · 1905
- Western Travelers Accident Ass'n v. TomsonNebraska Supreme Court · 1904
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