C. A. & J. C. Ghio & Co. v. Western Assurance Co.
C. A. & J. C. Ghio & Co. v. Western Assurance Co.
Opinion of the Court
delivered the opinion of the Court.
It is provided by the terms of the policy in question, that no suit or action against the insurer for the recovery of any claim on the policy shall be sustained, unless commenced within twelve months next after loss shall have occurred, and that the lapse of this period shall be conclusive evidence against the validity of any claim asserted in any action subsequently commenced for its enforcement.
It is not shown that anything was said or done by the insurer to waive or prevent the operation of this condition of the policy, and it is admitted that no suit or action was commenced on the claim until after the expiration of twelve months from the loss. The condition of the policy which has been referred to was valid, and upon the facts of record it was a bar to appellant’s action. Wood on Fire Insurance, Sec. 434; Riddlesbarger v. Hartford Ins. Co., 7 Wall., 386; Southern Express Co. v. Hunnicutt, 54 Miss., 566.
Affirmed.
Reference
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- C. A. & J. C. Ghio & Co. v. Western Assurance Company
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- Syllabus
- Fire Insurance. Condition in policy limiting swit or action for loss. A condition in a policy to the effect that no suit or action against the insurer for the recovery of any claim on the policy shall be sustained, unless commenced within twelve months next after loss shall have occurred, and that the lapse of such period shall be conclusive evidence against the validity of any claim preferred by suit or action thereafter commenced, is valid, and, when not waived or otherwise rendered inoperative by the insurer, is a bar to any suit or action not instituted within the period thereby prescribed.