150 Minn. 486 | Minn. | 1921
Appeal from an order denying defendant’s motion for judgment or a new trial. Plaintiff sued on a policy insuring her against the results of accidental injuries and sickness from disease, providing for the payment of $30 a month for temporary total disability resulting from sickpess, and calling for the payment of an annual premium of $13 in monthly instalments, payable in advance, either at defendant’s home office or to an authorized collector.
As defenses the answer alleged that plaintiff fathed to pay the premium due May 35,1919, and the policy thereupon lapsed; that defendant never received notice of plaintiff’s sickness and was never requested to furnish forms for proof of loss and never refused to do so; that no proofs of loss had been made and no written notice of plaintiff’s alleged sickness given within 10 days as required by the policy, and that plaintiff was insured as an hotel keeper and thereafter changed her occupation to that of a boarding-house keeper, which was more hazardous and not insurable.
• The evidence in plaintiff’s behalf was substantially to -this effect: In the spring of 1919 she was sick for a short time and verbally notified
The legislature has prescribed standard provisions for health and accident insurance policies, one covering the notice to be given to the insurer. Such a provision may be waived, though contained in the statute. Lake Superior P. & C. S. Co. v. Concordia F. Ins. Co. 95 Minn. 492, 104 N. W. 560. We agree with appellant’s counsel that it is important that notice should be given promptly. It is necessary to give the insurer an opportunity to make timely investigation and guard against trumped-up claims, made when it is too late to ascertain the true state of facts. In the instant case, however, want of notice was not the ground on which defendant saw fit to place its refusal to pay.
“(C) :—4. Written notice * * * of sickness * * * must be given to the insurer * * * within.ten days after the commencement of disability from such sickness.
“(C) :—5. Such notice given * * * to the insurer * * * with particulars sufficient to identify the insured shall be deemed to be notice to the insurer. Failure to give notice within the time provided in this policy shall not invalidate any claim if it shall be shown not to have been reasonably possible to give such notice and that notice was given as soon as was reasonably possible.”
R. reference, these provisions were made part of the policy and were followed by a provision that the company’s liability should begin only on the date when written notice was given. In our opinion this provision has no application where notice has been waived. We think the waiver of notice conferred upon plaintiff the same rights she would have had if written notice had been given.
The order appealed from is affirmed.