Bates v. German Commercial Accident Co.
Supreme Court of Vermont
• Assumpsit on an accident insurance policy. Pleas, the general issue and a plea relying on the limitation of the cause of action by the terms of the policy. Trial by court at the September Term, 1912, Franklin County, Fish, J., presiding. Judgment for the defendant. The plaintiff excepted. The opinion states the case.
Read the full summary
• Assumpsit on an accident insurance policy. Pleas, the general issue and a plea relying on the limitation of the cause of action by the terms of the policy. Trial by court at the September Term, 1912, Franklin County, Fish, J., presiding. Judgment for the defendant. The plaintiff excepted. The opinion states the case. A course of conduct on the part of the insurer from which it may be reasonably inferred that a forfeiture will not be insisted upon, or any conduct inconsistent with a reliance on a breach, or any act or negotiation that recognizes the policy as still in force, or that…
1Opinion of the CourtPowers, J.
The accident policy which the plaintiff held in the defendant company contained a provision which, read in connection with P. S. 4823, limited the period within which a suit thereon could be brought to one year from the date of the accident on which it was predicated. This policy was issued October 19, 1908, and on the twenty-first the plaintiff suffered the accidental injuries which form the basis of this suit. He seasonably filed with the defendant proofs of his injury and his *130claim was promptly rejected. Nothing, further was said or done by either party until October 26, 1911, when, as…
2Cases cited20 opinions
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
- Queen Insurance v. YoungSupreme Court of Alabama · 1888
- Oshkosh Gas Light Co. v. Germania Fire InsuranceWisconsin Supreme Court · 1888
15 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Francis v. London Guarantee & Accident Co.Supreme Court of Vermont · 1927
- Shields v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1929
- Clarke v. Travelers InsuranceSupreme Court of Vermont · 1920
- Robert A. Cornellier v. American Casualty CompanyCourt of Appeals for the Second Circuit · 1968
- Cummings v. Conn. Gen. Life Ins. Co.Supreme Court of Vermont · 1930
8 more not listed; retrieve them via the Exa API.