112 Iowa 608 | Iowa | 1900
The policy in suit was issued by defendant company July 13, 1897. By the terms of one of the bylaws, that was expressly made a part of the instrument, it was provided that “no suit or action against said company, for the recovery of such loss or damage, shall be sustainable in any court of law or chancery, unless such suit or action shall be commenced within the term of six months next after the date of the occurrence of the fire.” Plaintiff’s property was destroyed by fire September 9, 1897; and this action was brought August 30, 1898. Under prior decisions of this ■court, the time fixed in the contract within which suit should be brought commenced to run, not from the date of the fire, but from the time when the cause of action accrued. Read v. Insurance Co., 103 Iowa, 307, and cases cited; Code, section 1744; and Acts Eighteenth General Assembly, chapter 211, section 3. The time when the cause of action accrued was either 40 or 90 days after notice and proof of loss were given, depending on which of the statutes referred to was in force when this action was commenced. It will be noticed that the fire occurred before the Code of 1897 went into ■effect, and that the action was brought several months after that time. The Code provides that the time within which action may be brought shall not be limited to less than one year from the time when the cause of action arose, and that no provision of the policy to the contrary should be availing. There was no such statute prior to time the Code of 1897 went into effect. Prior to the adoption of that section, it was lawful for the parties to create a contract limitation that would be binding on the courts. Moore v. Insurance Co., 72 Iowa, 415; Harrison v. Insurance Co., 102 Iowa, 115. Such a limitation is plainly distinguishable from one ■created by statute, and courts with great unanimity have
Statutes of limitation are for the greater part rules of evidence, providing, in favor of the repose and safety of