Matt v. Iowa Mutual Aid Ass'n
Supreme Court of Iowa
Appeal from Clayton District Court. — Hon. í. E. Fellows, Judge. This is an action in equity upon a certificate of life insurance issued to Andreas Matt, payable upon his death to plaintiff, asking a decree that defendant be required to make an assessment based on the death of said Andreas Matt, and pay the proceeds to plaintiff.
Read the full summary
Appeal from Clayton District Court. — Hon. í. E. Fellows, Judge. This is an action in equity upon a certificate of life insurance issued to Andreas Matt, payable upon his death to plaintiff, asking a decree that defendant be required to make an assessment based on the death of said Andreas Matt, and pay the proceeds to plaintiff. The defendant demurred to the petition upon the following grounds: That the petition shows that plaintiff’s right to sue was barred or cut off by the limitation clause of the policy ; and that under the terms of the policy suit can only be brought in Wapello county.…
1Opinion of the CourtGriVEN, J.
i. insurance: icatíflimita-" tion of action. I. The clause in the policy out of which these questions arise is as follows: “Second. No action of any kind shall be maintained upon this certificate, or against the associa-any cause connected therewith, except in the county of Wapello, where its principal office is situated ; nor unless satisfactory proofs are furnished the association within sixty days ; nor unless such action is commenced within six months after the happening of the death on account of which the action is brought, — any statute of limitation or law to the contrary…
2Cases cited2 opinions
- McConnell v. Iowa Mutual Aid Ass'nSupreme Court of Iowa · 1889
- Dutton v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1845
3Cited by15 opinions
- Prader v. National Masonic Accident Ass'nSupreme Court of Iowa · 1895
- Nashua River Paper Co. v. Hammermill Paper Co.Massachusetts Supreme Judicial Court · 1916
- Fireman's Fund Insurance Co. v. Sand Lake Lounge, Inc.Alaska Supreme Court · 1973
- Read & Traversy v. State InsuranceSupreme Court of Iowa · 1897
- Van Buren County v. American Surety Co.Supreme Court of Iowa · 1908
10 more not listed; retrieve them via the Exa API.