Fey v. I. O. O. F. Mutual Life Insurance Society of Pennsylvania

Tbe insurance policy or benefit certificate in tbe present case contained a provision tbat no action should be brought or maintained thereon unless it wore commenced within one year from tbe date of tbe death of tbe insured. It was admitted by tbe plaintiffs in making their case tbat tbe insured died August 8, 1900, and tbat tbis action was commenced February 10, 1902; hence tbe plaintiffs should have been nonsuited, or a verdict for tbe defendant directed, unless there were some facts in evidence tending to show tbat tbe requirement of tbis provision bad been waived or otherwise obviated. It…