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Ryan v. Metropolitan Life Insurance

2 N.Y. City Ct. Rep. 421 Court City Court English

Delivered by McAdam, Ch. J.

Contents

Majority

p. 421
City Court
Trial Term
June, 1887.
RYAN, Administratrix, &c. against METROPOLITAN LIFE INS. CO.

Headnote

A condition that no action shall be sustained, unless brought within a specified time, is valid.

An insurer may prescribe any conditions to his undertaking he pleases. The condition that no action upon the policy shall be sustained, unless commenced within a certain period, stands upon the same grounds as other conditions precedent, and is valid (May on Insurance, § 478 and cases cited). This action, not having been brought within the prescribed time (there being no waiver of the condition) is not maintainable ( 14 N. Y. 253 ; 30 Id. 546, 136; 72 Id. 500; 78 Id. 462).

It follows that the defendant is entitled to judgment.

Cases cited