Whalen v. Equitable Accident Co.
Supreme Judicial Court of Maine
Exceptions by plaintiff. Action brought in the Bangor Municipal Court and submitted on an agreed statement of facts. The Judge of that Court ordered a nonsuit, and plaintiff filed exceptions. • The facts sufficiently appear in the opinion.
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Exceptions by plaintiff. Action brought in the Bangor Municipal Court and submitted on an agreed statement of facts. The Judge of that Court ordered a nonsuit, and plaintiff filed exceptions. • The facts sufficiently appear in the opinion. It is contended that in accordance with the agreed statement of facts in the case that the requiring the plaintiff to fill out forms Nos. 1 and 2 constituted a waiver on the part of the company requiring the plaintiff to notify them within 10 days of the beginning of his sickness as required by the conditions of the policy. As a second proposition the…
1Opinion of the CourtSavage, J.
Action on a health policy issued to the plaintiff July 10, 1903, whereby he was insured for the loss of time resulting from the sickness caused by various diseases, among which was acute dysentery. The policy contained the following provision: —
“This policy is issued by the Company, and signed by the insured subject to the following provisions and conditions:
(C) Notice of the beginning of any sickness for which claim is to be made under this policy, shall be given in writing, addressed to the Secretary of the Company at Boston, stating the full name and address of the insured, with full…
2Cited by5 opinions
- Axilbund v. McAllisterSupreme Court of Pennsylvania · 1962
- Levan v. Metropolitan Life Ins. Co.Supreme Court of South Carolina · 1927
- Craig v. United States Health & Accident Ins.Supreme Court of South Carolina · 1908
- Johnson v. Maryland Casualty Co.Supreme Court of New Hampshire · 1905
- Free v. United Life Accident Ins. Co.Supreme Court of South Carolina · 1935