Underwriters' Finance Corp. v. Union Indemnity Co.

(after stating the facts as above).

Passing directly to the merits of the appeal — the sufficiency of the evidence to require a directed .verdict in appellant’s favor —we find it necessary to divide appellant’s claim. The $7,494 loss which occurred prior to December 31,1926, is subject to a defense not existent as to the balance of the claim.

The above-quoted provision of the policy which negatived liability unless the loss be “both discovered and claim therefor filed with the Surety within twelve months after each and' every anniversary date of this Bond * * ” should, of course, be strictly…