122 Neb. 580 | Neb. | 1932
This is an action by the beneficiary to recover the benefits under a policy of health and accident insurance. The insurer seeks to avoid liability for payment of the death benefit on account of the failure of the beneficiary to furnish formal proofs of loss within the time provided by the terms of the policy. At the close of the plaintiff’s testimony, the defendant moved for a directed verdict. The motion was overruled and the defendant elected to stand on the motion. The plaintiff thereupon moved the court to direct a verdict in his favor, which was done, and from a judgment on said verdict the insurance company appeals.
It is the contention of the plaintiff that the insured was injured October 7 and that as a result of said injury he died about two weeks later. At the time of the injury deceased was employed in a lumber camp near West Yellow
The principal contention of the defendant is that the proofs of loss were not filed within the time provided by the policy. The question presented is whether the proofs of loss were waived by the company. The petition of the plaintiff alleges that the insured died as a result of an accident; that he gave prompt notice to the insurance company of the fact; and that the insurance company waived the proof of loss. The answer admits the issuance of the policy, but denies each and every allegation *'of the petition. This was a denial of all liability under the -policy. ■ This case is clearly within the rule announced in Western Travelers Accident Ass’n v. Tomson, 72 Neb. 661; 72 Neb. 674; 72 Neb. 680. This court approved the rule in Tomson v. Iowa State Traveling Men’s Ass’n, 88 Neb. 399. See, also, Hilmer v. Western Travelers Accident Ass’n, 86 Neb. 285. The rule is that when an insurance company which has ■timely notice of a claim or loss is sued upon an alleged claim and denies liability, it waives proof of loss. The judgment of the district court should be approved.
This case has been vigorously contested by the defendant. It has been necessary to take depositions in widely separated places — Santa Monica, California, Rexburg, Idaho, and Sweden. The plaintiff’s attorneys were required
Affirmed.