Savery v. Commercial Travelers Mutual Accident Ass'n of America

This is an appeal from an order denying defendant, appellant’s motion for a summary judgment dismissing plaintiff, respondent’s complaint, upon the ground that it appears upon the face of the complaint that the action was not brought within the time provided in the certificate of insurance, upon which the action is based. Plaintiff is the beneficiary named in the certificate; deceased insured was her husband. By its terms the policy insured the holder of the certificate against loss of fife, limb and sight caused by accident. The accident which caused insured’s death occurred December 15,…