50 S.E.2d 134 | Ga. Ct. App. | 1948
1. In order for a valid suit to be maintained on the policy sued on, it was essential under the provisions of the policy that the suit be instituted within two years from the ninety-day period after the loss was sustained; and this is true notwithstanding the suit may have been a renewal of a former action which had been nonsuited. *834
2. The present suit having been filed more than four years after the alleged loss was sustained by the plaintiff, the same was barred under the provisions of the policy, and the trial court properly sustained the defendant's demurrer and dismissed the action.
The defendant demurred to the petition on the grounds, among others: (1) that the petition failed to set out a cause of action; (2) that said alleged cause of action is now barred by the lapse of time, for said action was not filed within two years from the expiration of the time within which proof of loss is required by the terms of the policy.
The trial judge sustained these demurrers and dismissed the action, and the plaintiff excepted.
1. The plaintiff alleged that he was injured and sustained a loss under the policy sued upon, on February 13, 1944. The plaintiff and *835
defendant contracted and stipulated in this policy that affirmative proof of loss must be furnished to the insurance company within ninety days after the date of the loss; and that no action shall be brought to recover on this policy unless brought within two years from the expiration of the time within which proof of loss is required by the policy. Such provisions in a policy of insurance are valid. Massachusetts Benefit LifeAssn. v. Robinson,
2. The present suit was filed more than four years after the alleged loss was sustained by the plaintiff, and, under the provisions of the policy sued on, the action was barred. Therefore, the trial court properly sustained the defendant's demurrer and dismissed the action.
Judgment affirmed. Felton and Parker, JJ., concur. *836