McFarland & Steele v. Ætna Fire & Marine Insurance

Citations

• 6 W. Va. 437

Syllabus

<p>Syllabus.</p> <p>'1. The action mentioned in the condition of a policy of insurance, which must be commenced within six months, is the one which is prosecuted to judgment. The failure of a previous action, from any cause, cannot alter the case; although such previous action was commenced within the period prescribed.</p> <p>2. A provision, in a policy, that no action for loss or damage shall be sustainable, unlesss the same is brought within six months after the loss or damage shall occur, is valid.</p> <p>3. The mere pendency of negotiations, or the fact that occasional interviews are had between the parties in regard to an adjustment or settlement of a loss, will not in themselves operate as a waiver of such provision, or bo an equitable estoppel.</p>