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Supreme Court will not disturb verdict rendered upon conflicting evidence under a correct charge if there is material evidence to support it.
2. LIFE INSURANCE, Notice of injury or death.
The condition in a life and accident policy requiring that "immediate written notice of an accidental injury or death" shall be given to the insurer at his home office is treated as either waived or sufficiently complied with in a suit upon the policy for assured's death, where the assured, having sustained his injury about the first of April, gave verbal notice thereof to the local agent some time in May following,
Insurance Company v. Norment.
which was promptly communicated to the home office by the agent through a letter, and thereafter the insurer, through his agents and physicians, made thorough examination of the case both before and after assured's death.
Proof of death or disability. Waiver.
The condition in a life and accident policy requiring "affirmative and positive proof of death, or loss of limb or sight, or of duration of disability" to be furnished to the insurer "within six months from date of death, or within thirty days from date of the termination of the period of total disability" is waived, where the insurer, having received due notice of the assured's injury and of his subsequent death or waived the same, proceeded to investigate the case thoroughly both before and after assured's death, and thereafter declined to investigate the claim or to furnish instructions and blank forms for proof of death upon the request of the beneficiary in the policy, made in due time, unless he would sign, as a condition precedent, an agreement whereby his claim might have been lost or prejudiced.
The condition in a life and accident policy forbidding suit thereon within three months next after receipt of proofs of death or disability at the home office, cannot be invoked by the insurer to defeat suit brought within that time, where he has waived such proofs, and absolutely refused, upon untenable grounds, to consider or settle assured's claim.
Appeal in error from Circuit Court of Hamilton County. JOHN A. MOON, J.
GEORGE T. FRY for Insurance Company.
CREED F. BATES for Norment.