Equitable Life Assurance Society v. Hollingsworth

Jordan, Judge.

A stipulation in an insurance policy that, in order to entitle the. beneficiary .to recover therepnder, notice of death and proof- of loss must be furnished,the insurer at its home office within, a certain specified time is valid, and compliance therewith is a condition -precedent to the enforcement of the policy. Hulme v. Mutual Benefit &c. Assn., 60 Ga. App. 65 (2 S. E. 2d 750). Where the plaintiff’s right to recover on an insurance contract depends upon a condition precedent to be performed by -him,, the failure of his petition to allege the performance of such condition…