Cooper v. Phœnix Accident & Sick Benefit Ass'n

Plaintiff sued upon a policy of insurance issued by defendant company. With its plea the defendant set up various provisions and conditions of the policy sued upon, and upon them and upon evidence claimed to be undisputed based its defense to the action. The condition relied upon is:

“Legal proceedings for recovery hereunder shall not *479be brought until after three months from date of filing proofs at home office of the association, nor brought at all unless commenced within three months of the time when right of action may accrue.”

Plaintiff claims this provision was waived and the time…