Erickson v. Order of United Commercial Travelers

Citations

• 103 Kan. 831
• 176 P. 989
• 1918 Kan. LEXIS 396

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Accident Insurance — Notice of Injury — Waived by Insurer. A provision in an accident insurance policy that notice of an injury must be given to the insurer within ten days after it occurs, may be waived by the retention of the proofs furnished by the insured and the act of the insurer in requiring the insured to obtain and furnish additional proofs or to do some act or incur some expense inconsistent with a forfeiture, and it is held under the testimony herein that the insurer waived the requirement as to the time of giving notice of injury.</p> <p>2. Same — “Immediate” and “Continuous Disability” Interpreted. The rule of Commercial Travelers v. Bournes, 72 Kan. 293, 80 Pac. 1020, followed, as to the meaning of the contract provision relating to the immediate and continuous total disability of a claimant.</p> <p>3. Same — Limitation of Action to Six Months — Repugnant to Statute. A provision in an agreement that actions on insurance policies can only be brought within six months after the claim has been disallowed is repugnant to the provisions of section 17 of the civil code, and therefore void.</p>