Hazlitt v. Provident Life & Accident Ins. Co.

The case is before us as the result of the sustaining of a special exception and the refusal to amend, which resulted in the dismissal of the cause.

The appellant, as plaintiff below, sought to recover upon an accident policy issued to his wife as insured, by the appellee.

The policy provided that:

"If the insured is disabled by such injury for more than thirty days, he or his representative shall, as a condition precedent to any liability of the Company here-under, furnish the Company at its principal offices in Chattanooga, Tennessee, every thirty days thereafter (or as near thereto as may be…