Brady v. Indemnity Ins. Co. of North America

MOORMAN, Circuit Judge.

The appellant filed suit in the state court in Kentucky as beneficiary of a $15,000 accident insurance policy issued by the appellee. The appellee removed the ease to the federal court on the ground of diversity of citizenship. There it could avail itself of a provision of the policy requiring suit to be brought within two years from the expiration of the time within which proofs of loss were to be made. Riddlesbarger v. Hartford Fire Insurance Co., 7 Wall. 386, 19 L. Ed. 257. The Kentucky courts hold such a clause void as against public policy. Union Central Life Ins.…