100 Pa. Super. 433 | Pa. Super. Ct. | 1930
Argued November 18, 1930. The policy of fire insurance in suit contained a provision that "no suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity ...... unless commenced within *435 twelve months next after the fire, storm or lightning causing the loss for which claim is made."
The property insured was destroyed by a fire which occurred on January 8, 1926. Suit was not brought on the policy until January 28, 1927, twenty days more than "twelve months next after the fire causing the loss." The evidence did not show any waiver by the defendant of this provision of the policy. The court below entered a compulsory nonsuit which it refused to take off. In this we discover no error.
The provision of the policy above quoted is not ambiguous or uncertain. Appellant endeavors to interpret it so as to make it read "twelve months next after the right of action accrued." But that is not its wording. It means just what it says, "twelve months next after the fire causing the loss for which claim is made." It is too plain for misunderstanding or disagreement. The policy provided in addition to the clause above, that notice of loss was to be given by the member within thirty days after he sustained any loss; and that suit might be prosecuted and maintained if payment was withheld for more than ninety days after the company was duly notified of such loss. This gave the assured at least eight months within which to decide whether he would bring his action on the policy. The period is not unreasonable; it is lawful for the parties so to contract, and such a provision is binding on them: Atlas Mutual Ins. Co. v. Downing,
This provision being for the benefit of the insurance company might be waived by it: Fritz v. British American Assurance Co.,
As to the second, it is only necessary to say that the person who acted as interpreter for the plaintiff was his agent, not the insurance company's. If he misinterpreted to the plaintiff the meaning of what the defendant's officers and managers said to him concerning the claim, the insurance company was not responsible. At the trial he testified for the plaintiff as to just what had occurred between the parties. What plaintiff *437 may have understood when the conversations were interpreted to him, contrary to what had really take place, was not admissible in evidence.
The assignments of error are overruled and the judgment is affirmed.