Barnes v. General Accident, Fire & Life Assurance Corp.

Citations

• 96 Kan. 679
• 153 P. 489
• 1915 Kan. LEXIS 465

Syllabus

<p>syllabus by the court.</p> <p>Accident Insurance — Injuries — Death ■— Sufficient Notice to Insurer. An accident insurance policy contained two provisions:</p> <p>“ (m) Written notice of 'any injury, fatal or non-fatal, or of any illness for which claim can be made, must be given to the Company -at Philadelphia, Pa., within ten days of date of accident or beginning of illness. Failure on the part of the assured or beneficiary to comply strictly with said notice requirement shall limit the liability of the Company to one-fifth the amount which would be otherwise payable under this policy. Notice to an Agent does not constitute notice to the Company.</p> <p>“(n) Proof,- satisfactory to the Company, affirmatively establishing the fact that the injury, loss or disability, is such as comes within the provisions and conditions of the policy, must be furnished to the Company at Philadelphia, Pa., (on blanks provided on request, by the Company), within thirty days from date of death, loss of limb, or of sight, or of the termination of disability. No action at law or in equity shall be maintainable before three months or after six months from the date on which this paragraph provides that said proof must be furnished to the Company. Any claim not brought in conformity with the provisions of this paragraph shall be forfeited to the Company.”</p> <p>Held, that the first paragraph did not require notice to the company to be given by the beneficiary within ten days of the death of the assured; and held, that a compliance with the second paragraph by the beneficiary within the time therein specified was sufficient on which to base a recovery.</p>