Legal Opinion

Schanzenback v. American Life Insurance

South Dakota Supreme Court

Decided July 27, 1931No. File No. 6734PublishedCited by 3 opinions

1Per curiam

This action was commenced to recover on a policy of life insurance. The policy was issued on the 3d day of August, 1912. The insured died on the 14th ¡day of February, 1917. This action was not commenced until the 27th day of September, 1926. This was nearly ten years after the death of the insured, and the defendant, among other defenses, pleaded the statute of limitations. The policy contains the provision that:

“No action shall be maintained on this policy unless brought within six years from the time that the beneficiary or claimant shall have knowledge of the death of the insured.”

Plaintif…

2Cases cited5 opinions

  1. Trippe v. Provident Fund SocietyNew York Court of Appeals · 1893
  2. McElroy v. John Hancock Mutual Life InsuranceCourt of Appeals of Maryland · 1898
  3. Cady v. Fidelity & Casualty Co. of New YorkWisconsin Supreme Court · 1908
  4. Metropolitan Life Insurance v. People's Trust Co.Indiana Supreme Court · 1912
  5. Munz v. Standard Life & Accident InsuranceUtah Supreme Court · 1903

3Cited by3 opinions

  1. The Franklin Life Ins. Co. v. TharpeSupreme Court of Florida · 1938
  2. Spradlin v. Columbia Ins. Co. of New YorkCourt of Appeals of Tennessee · 1950
  3. Joyce v. New York Life Insurance Co.Supreme Court of Minnesota · 1933

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