Davis v. United States Health & Accident Insurance
Supreme Court of New Hampshire
Assumpsit, upon a policy of indemnity against sickness. Trial by jury. The defendants’ motion for a nonsuit was granted, and the plaintiff excepted. Transferred from the May term, 1905, of the superior court by Peaslee, J. No proof of loss was given to the defendants as required in the policy, but the plaintiff claimed the defendants waived the right to insist upon formal proof.
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Assumpsit, upon a policy of indemnity against sickness. Trial by jury. The defendants’ motion for a nonsuit was granted, and the plaintiff excepted. Transferred from the May term, 1905, of the superior court by Peaslee, J. No proof of loss was given to the defendants as required in the policy, but the plaintiff claimed the defendants waived the right to insist upon formal proof. It was provided in the policy that “no action at law shall be maintainable before three months or after six months from the date on which this policy requires proof of loss to be filed.” The action was begun within…
1Opinion of the CourtWalker, J.
In Tasker v. Insurance Co., 58 N. H. 469, it was held that a condition in a policy of fire insurance, that no recovery shall be had unless suit is brought within a given time, is valid at common law. S. 61, 59 N. H. 438, 445. Although the legislature has to some extent modified or changed this common-law rule with reference to suits upon policies of fire insurance (Laws 1879, c. 13; P. S., c. 170, s. 18; Franklin v. Insurance Co., 70 N. H. 251, 257), it is not claimed that the parties to a contract of indemnity against sickness could not bind themselves by a stipulation limiting the time…
2Cases cited4 opinions
- Franklin v. New Hampshire Fire InsuranceSupreme Court of New Hampshire · 1899
- Tasker v. Insurance Co.Supreme Court of New Hampshire · 1879
- Dwyer v. Mutual Life InsuranceSupreme Court of New Hampshire · 1904
- Tasker v. Insurance Co.Supreme Court of New Hampshire · 1878