Continental Casualty Company v. Hunt
| Citation | 101 N.E. 519,53 Ind.App. 657 |
| Decision Date | 18 April 1913 |
| Docket Number | 7,979 |
| Parties | CONTINENTAL CASUALTY COMPANY v. HUNT |
| Court | Court of Appeals of Indiana |
Rehearing denied June 24, 1913.
From Gibson Circuit Court; Herdis F. Clements, Judge.
Action by Clarie Hunt against the Continental Casualty Company. From a judgment for plaintiff, the defendant appeals.
Affirmed.
Henry Kister, Monton Maverick and M. P. Cornelius, for appellant.
D. W Duncan, for appellee.
Appellant issued a policy of insurance to one George H. Hunt, wherein it agreed to pay to the wife of said Hunt, appellee herein, the sum of $ 300, should the insured meet with an accident, resulting in his death within ninety days thereafter. George H. Hunt paid a membership fee, and made monthly payments of $ 1.50 up to and including the month in which he was killed. During the summer of 1906, the insured was a night watchman at a mill near Crenshaw, Mississippi. On the night of July 17, 1906, he fell from a foot bridge, and suffered injuries from which he died ten days later.
It is conceded that notice of the accident was not given as provided in the policy, and that suit was not commenced within the time stipulated in the policy. The case therefore, turns on whether appellant waived these conditions. There is evidence tending to show that within ten days after the death of the insured, the local agent of appellant at Princeton, Indiana, the agent who secured the contract, was notified of the death of George H. Hunt, and of the circumstances attending the same; that said agent informed the person representing appellee that the money would be paid in a few days. It is also shown by the evidence that a notice in writing was sent to appellant on August 8, 1906, and received at the Chicago office of appellant on August 10, 1906, but such notice was not on the blank forms provided by the company for such purposes, and said notice did not conform to the requirements of the company in a case of death by accident. It does appear, however, by ample evidence, that on August 24, 1906, appellant, by one L. E. Brown, superintendent of the claim department, wrote a letter to appellee, stating that the claim would be paid without litigation, and would be paid as soon as the company could take action on it; that on December 27, 1906, a second letter was written by appellant, signed by the same officer, wherein appellee was again advised that the claim would be...
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American Income Ins. Co. v. Kindlesparker
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Continental Ins. Co. v. Thornburg, 20294
...v. Kindlesparker (1942), 110 Ind.App. 517, [141 INDAPP 559] 527--528, 37 N.E.2d 304 (Transfer denied); Continental Casualty Company v. Hunt (1913), 53 Ind.App. 657, 658, 101 N.E. 519. '(A) waiver on the part of an insurance company to avail itself of its right to assert a forfeiture or avoi......
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American Income Ins. Co. v. Kindlesparker, 16630.
...waived the provision of the policy, as to the time in which such suit should be brought. Continental Casualty Co. v. Hunt, 1913, 53 Ind.App. 657, 101 N.E. 519. These rights, having been waived by the appellant, are gone forever, and the appellant cannot now assert these rights as a defense ......