Sykes v. Royal Casualty Co.

Citations

• 111 Miss. 746
• 72 So. 147

Syllabus

<p>Insurance. Accident insurance. Agreement for arbitration. Waiver.</p> <p>In a suit on an accident insurance policy containing a clause providing for arbitration and a clause providing that no suit shall be brought on the policy under sixty days from the date of final proof, where the insurance company did not request arbitration and since arbitration clauses are put in policies of insurance wholly for the protection of the insurer, and in view of the fact that insurance policies invariably provide that no suit can be maintained until sixty days have elapsed from the date of final proof, the rule is that the insurer waives its rights to an arbitration unless it is requested before suit is brought.</p>