Pray v. Life Indemnity & Security Co.
Supreme Court of Iowa
Appeal from Black Hawk District Court. — Hon. J. J. Tolerton, Judge; Plaintiff, the beneficiary named in a certificate of life insurance issued by the defendant on the life of Ira Christie, now deceased, brings this action for judgment, and for an order requiring the defendant to make an assessment to pay the amount alleged to be due under said certificate.
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Appeal from Black Hawk District Court. — Hon. J. J. Tolerton, Judge; Plaintiff, the beneficiary named in a certificate of life insurance issued by the defendant on the life of Ira Christie, now deceased, brings this action for judgment, and for an order requiring the defendant to make an assessment to pay the amount alleged to be due under said certificate. The defendant answered, pleading as defense, in substance, a® follows: That this action is barred, for the reason that proofs of loss were not made within sixty days from the' date of the death, as required by section 3, chapter 211, Laws…
1Opinion of the CourtGiven, J.
*1171 *116I. Appellant’s first contention is that this action is barred,-for the reason that proofs of loss were not furnished within sixty days from the date of Mr. Christie’s death. There is nothing contained in the defendant’s by-laws, nor in this certificate, fixing the time within which proof of death must be made; but appellant’s contention is that the case comes within chapter 211, Laws Eighteenth General Assembly, and that proof of death must be made within sixty days from the date of the death. .Whether this statute *117applies we will not stop to consider, as, in the view we take of the case it…
2Cases cited1 opinion
- Garbutt v. Citizens' Life & Endowment Ass'nSupreme Court of Iowa · 1892
3Cited by8 opinions
- Winter v. Supreme Lodge Knights of PythiasMissouri Court of Appeals · 1902
- Hanley v. Fidelity & Casualty Co.Supreme Court of Iowa · 1917
- Knights Templars & Masons Life Indemnity Co. v. VailIllinois Supreme Court · 1903
- Christie v. Iowa Life InsuranceSupreme Court of Iowa · 1900
- Hallowell v. McLaughlin Bros.Supreme Court of Iowa · 1907
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