Majority
p. 571William E. Hanna, Appellant, v. The Commercial Travelers Mutual Accident Association of America, Respondent. (Argued May 7, 1923; decided May 29, 1923.)
Headnote
Insurance (accident) — when action on policy barred by clause requiring suit to be brought within one year after accident.Hanna v. Commercial Travelers Mut. Acc. Assn., 204 App. Div. 258 , affirmed.
Appeal from a judgment, entered January 2, 1923, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The action was to recover upon a policy of accident insurance. The insured disappeared in 1913. His automobile in which he had been riding when last seen was in 1917 dragged up from the bottom of the Delaware river. The policy provided that an action thereon must be commenced within one year after the accident. This action was commenced the latter part of the year 1918.
W. Montague Geer, Jr., and William F. Allen for appellant.
Henry C. Moses, Eliphalet W. Tyler and M. W. Van Aulcen for respondent.
Judgment affirmed, with costs. Held, without considering any other questions, that plaintiff’s action is barred by the provisions of the policy requiring action to be commenced within one year from the date of the accident.
Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.