Hubert v. National Casualty Company

On exceptions. This is an action brought under R. S., 1954, c. 113, § 40 to recover upon an insurance policy defined by statute as a “policy of accident and sickness insurance.” R. S., 1944, c. 56, § 109, enacted P. L., 1949, c. 421, now R. S., 1954, c. 60, § 116.

The defendant pleaded the general issue with special matter of defense that the action is “barred by reason that the same was not brought within two years, as provided by the Standard Provisions of said Policy.”

The issue in the case plainly appears from the stipulation of the parties and the ruling by the Justice of the Superior…