Matt v. Iowa Mut. Aid Ass'n

• Citation: 46 N.W. 857,81 Iowa 135
• Parties: MATT v. IOWA MUT. AID ASS'N.
• Decision Date: 15 October 1890
• Court: United States State Supreme Court of Iowa

81 Iowa 135

46 N.W. 857

MATT

v.IOWA MUT. AID ASS'N.

Supreme Court of Iowa.

Oct. 15, 1890.

Appeal from district court, Clayton county; L. E. FELLOWS, Judge.

Action in equity upon a certificate of life insurance issued to Andreas Matt, payable upon his death to plaintiff, asking a decree that defendant make an assessment based on the death of said Andreas Matt, and pay the proceeds to plaintiff. Defendant demurred to the petition upon the following grounds: That the petition shows that plaintiff's right to sue was barred or cut off by the limitation clause of the policy; and that under the terms of the policy suit can only be brought in Wapello county. The demurrer being sustained, and plaintiff electing to stand upon the petition, judgment was entered dismissing the same, from which plaintiff appeals.Murdock & Murphy and John Larkin, for appellant.

R. E. Price and McNett & Tisdale, for appellee.

GIVEN, J.

1. The clause in the policy out of which these questions arise is as follows: “ Second. No action of any kind shall be maintained upon this certificate, or against the association, for any cause connected therewith, except in the county of Wapello, where its principal office is situated; nor unless satisfactory proofs are furnished the association within sixty days; nor unless such action is commenced within six months after the happening of the death on account of which the action is brought,--any statute of limitation or law to the contrary notwithstanding.” Appellee contends that under this clause plaintiff's right to sue was barred after six months from the happening of the death. Appellant contends that her right to sue was not barred until six months after the time at which suit could be brought. If appellee's position is correct, then this action was barred, and the demurrer was properly sustained; otherwise not. This precise question was before this court in McConnell v. Association, 43 N. W. Rep. 188, 79 Iowa, 757, upon a certificate of insurance similar, if not identical, with this, wherein it was held that the limitation did not commence to run until the cause of action matured. This opinion was carefully reconsidered on a petition for rehearing and adhered to.

2. The other question discussed is fully and to our minds well answered in May on Insurance, § 490, and authorities there cited. The author there says: “A provision in the charter defining the court in which suit may be brought on certain conditions is valid, if the conditions are strictly complied with. If not, suit may be brought in any co...