This suit is brought upon a certificate of insurance issued by tbe defendant company to tbe plaintiff, by tbe terms of wbicb it agreed to pay him certain, specifiеd sums of money.in case be suffered personal bоdily-injuries of a certain character, mentionеd in tbe certificate,, at any time during its life.
During tbe life of tbe certificate or policy, and on April 9, 1890, tbe рlaintiff was injured to an extent wbicb partially prevented him from practicing bis profession as-a physician for a period of about four weeks. Tbe рlaintiff notified tbe defendant of tbe accident, wbicb made am
The certificate contained a clause as follows:
“ And nо suit or proceeding at law or in equity shall be brought, or arbitration required, to recover any sum, unless the same is commenced within one year from the-time of the alleged accidental injury.”
Upon the trial the circuit judge directed a verdict for the defendаnt on the ground that the action was not begun within a year after the accident occurred, as requirеd by the policy. The plaintiff claims this is error.
We do nоt agree with this contention. As early as November 4, 1890, thе plaintiff was fully advised that the defendant would not pay the claim, and all attempts looking towards an arbitration or settlement of it ceased. This left the рlaintiff upwards of five months within which to have brought his suit and been strictly within this provision of the policy. This he did not do, but waitеd for upwards of two months after the time within which the suit should have been brought had expired before bringing it. The defendant had not misled him, or done anything which can be construed into a waiver of the substantial right expressed in thе policy, and which required the suit
As this disposes of the case, nothing else will be considered.
The judgment is affirmed, with costs.