Maynard v. United States Health & Accident Insurance
Supreme Court of New Hampshire
Assumpstt, upon an accident insurance policy. Trial by the court. Transferred from the January term, 1910, of the superior court bjr Plummer, J., on the plaintiff’s exception to an order of nonsuit. The policy provided that affirmative proof of any injury must be furnished to the defendant within thirty days from the termination of disability, and that no action at law upon the policy should be maintained after six months from the date when proof of the injury must be filed.
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Assumpstt, upon an accident insurance policy. Trial by the court. Transferred from the January term, 1910, of the superior court bjr Plummer, J., on the plaintiff’s exception to an order of nonsuit. The policy provided that affirmative proof of any injury must be furnished to the defendant within thirty days from the termination of disability, and that no action at law upon the policy should be maintained after six months from the date when proof of the injury must be filed. The plaintiff was injured December 19, 1906, and his disability therefrom terminated May 15, 1907. He filed his proof…
1Opinion of the CourtWalker, J.
The provision in the policy limiting the time within which suit must be brought was legal and binding (Davis v. Insurance Co., 73 N. H. 425; Johnson v. Casualty Co., 73 N. H. 259), and the case discloses no evidence that the defendant waived this provision or that it is estopped to insist upon it. According to the contract, the plaintiff could maintain no action upon the policy after six months had elapsed from the date when affirmative proof of his disability should be filed. Proof of his disability was due June 15, 1907, but it was not filed with the defendant until July 5. It is…
2Cases cited2 opinions
- Phillips v. United States Benevolent SocietyMichigan Supreme Court · 1899
- Dolsen v. Phœnix Preferred Accident InsuranceMichigan Supreme Court · 1908
3Cited by3 opinions
- Reynolds v. Detroit Fidelity & Surety Co.Court of Appeals for the Sixth Circuit · 1927
- Sargent v. Canterbury Mutual Fire InsuranceSupreme Court of New Hampshire · 1927
- Hoover v. Harvard PilgrimDistrict Court, D. New Hampshire · 2016