Tasker v. Insurance Co.
Supreme Court of New Hampshire
Assumpsit, on a policy of insurance. Plea, the general issue. The action was not commenced within twelve months next after the loss occurred.
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Assumpsit, on a policy of insurance. Plea, the general issue. The action was not commenced within twelve months next after the loss occurred. The policy contained the following clause : “ It is furthermore hereby expressly provided and mutually agreed, that no suit or action against the company for the recovery of any claim, by virtue of this policy, shall be sustainable in any court of law or chancery, unless such suit or action shall be commenced within twelve months next after the loss shall occur; and should any suit or action be commenced against this company after the expiration of the…
1Opinion of the CourtBingham, J.
The clause in the policy, stipulating that no action shall be sustainable thereon unless commenced within twelve months next after the loss occurs, is in form and effect a condition precedent, and unless it is complied with, there can be no recovery at common law. Patrick v. Ins. Co., 43 N. H. 621, 624; Gooden v. Ins. Co., 20 N. H. 78, 76; Judkins v. Ins. Co., 39 N. H. 172; Fullam v. Ins. Co., 7 Gray 61; Roach v. Ins. Co., 30 N. Y. 546; Williams v. Ins. Co., 20 Vt. 222; Wilson v. Ins. Co., 27 Vt. 99; May on Ins., s. 478.
It is said that the action may be maintained under the provisions of Gen.…
2Cases cited3 opinions
- Wilson v. Ætna InsuranceSupreme Court of Vermont · 1854
- Williams v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1848
- Roach v. New York & Erie InsuranceNew York Court of Appeals · 1864
3Cited by3 opinions
- Franklin v. New Hampshire Fire InsuranceSupreme Court of New Hampshire · 1899
- Janvrin v. Union Mutual InsuranceSupreme Court of New Hampshire · 1987
- Davis v. United States Health & Accident InsuranceSupreme Court of New Hampshire · 1905