Scott v. Life & Casualty Insurance

1. Where a policy of insurance provided that no suit should be brought thereon “until sixty days after the claim thereunder has become due and proof thereof has been duly made” and where, after the claim had become due and proof thereof had been duly submitted, the insurer made an unconditional declaration of non-liability and an absolute refusal to pay, it was not necessary for the insured to postpone action on the policy until the expiration of such period. Such conduct by the insurer amounted to a waiver of the stipulation as to the time within which it should not be sued. Continental…