Brady v. Prudential Insurance
Supreme Court of Pennsylvania
Appeal, No. 149, July T., 1894, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1890, No. 494, on verdict for plaintiff. Assumpsit on a policy of life insurance. Before Lynch, J. At the trial it appeared that the policy in suit was dated April 21, 1884. The assured died on May 4,1888. The present suit was begun on Aug. 1,1890. The policy contained the following provisions: “Ninth.
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Appeal, No. 149, July T., 1894, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1890, No. 494, on verdict for plaintiff. Assumpsit on a policy of life insurance. Before Lynch, J. At the trial it appeared that the policy in suit was dated April 21, 1884. The assured died on May 4,1888. The present suit was begun on Aug. 1,1890. The policy contained the following provisions: “Ninth. No suit or action at law or in equity shall be maintainable to enforce the performance of this contract until after the filing in the principal office of the company of the above mentioned proof of death,…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The sixth assignment of error directs attention to the controlling question in this ease. In the policy of insurance sued on the ninth clause contains the following provisions, “No suit or action at law or in equity shall be maintainable unless such suit or action shall be commenced within six months next after the decease of the person insured; and it is expressly agreed that should any such suit or action be commenced after the expiration of six months the lapse of time shall be deemed conclusive evidence against the validity of such claim.” The action was not…
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