186 Ind. 566 | Ind. | 1917
Under a policy contract dated March 2, 1903, appellant insured appellee for a period of twelve months from that date against loss from common-law or statutory liability for damages on account of bodily injuries, fatal or nonfatal, accidentally suffered within the period of the policy by any employe or employes of appellee during the course of his or their employment. As compensation for that insurance appellee paid to appellant a premium in the sum of $134, which premium was, under the terms of the contract, based on the amount of compensation to employes which, it was estimated, would be expended by appellee during the period of the policy. It was further stipulated that if the compensation actually' paid in that period should prove to be greater than the amount of the original estimate, appellee should pay the additional premium thus earned. The present action was instituted on May 18, 1914, to recover an additional premium alleged to be due under this provision of the contract. In its answer to the complaint, appellee relies chiefly on the .ten-year statute of limitations (§295, cl. 5, Burns 1914, §293 R. S. 1881), and we are required first to determine the applicability of that statute.
The demurrer to appellee’s fourth paragraph of answer, setting up the statute of limitations, was properly overruled.' Judgment affirmed.
Note. — Reported in 117 N. E. 258. See under (1, 2) 96 Am. St. 980.