San Francisco Savings Union v. Western Assur. Co.

VAN FLEET, District Judge.

Defendant has demurred to the complaint for want of facts to constitute a cause of action. The action is one to recover on a policy of fire insurance; the policy being pleaded in full. One of its provisions is that it is made and accepted subject to the stipulations and conditions printed on the back thereof, and among those conditions is a stipulation requiring proof of loss thereunder to be made to the company “within 60 days after the fire, unless such time is extended in writing”; and the final one provides that:

“No suit or action on this policy for the recovery…