Selden v. Metropolitan Life Insurance

Dissenting Opinion by

Mr. Justice Jones:

In my opinion the averments of the plaintiff’s statement of claim, which must necessarily be taken as true in the procedural situation in which the judgment appealed from was entered, disclose a condition which was sufficient in law to excuse the beneficiary from her failure to file a proof of loss under the policy within the period prescribed therein, viz., ninety days from the date of the insured’s death. Although the ninety-day period had expired, the beneficiary had a reasonable time after her discovery of the existence of the policy (theretofore…