The herald., 1897-05-27
ON A POLICY
BANKERS ALLIANCE BEING
SUED FOR $4,000
An Opinion Which Clears the Ground
for Legal Action and Trial
on Its Merits

An opinion was rendered yesterday
by Judge Allen in the suit Of Annie
Green against the Bankers Alliance of
California, wherein certain points of
popular interest are touched upon. The
opinion was called forth by demurrer
filed by the defendant corporation, which
the court has overruled.
This action ie sought to be main
tained," says Judge Allen. upon a
policy of insurance issued by defendant
corporation upon the life of William
Green, now deceased by which defend
ant promised: Whenever satisfactory
proof Is presented, on blanks furnished
by this association, of valid claim
under this policy by reason of the death
of said member, from cause not speci-
fed in paragraph of the conditions of
this policy, the eaid Bankers Alliance
will pay at Los Angeles. within ninety
days after the receipt of such proof, to
Annie Green s250O' Paragraph 5, re-
ferred to, provides that if member die
within two years from the date of the
policy, either from his own hand or in
attempted violation of the law or from
-
policy shall be void.
"The death of Green, within two years
from the date OF the policy, is averred;
but It is not averred that death was not
on account of any of the causes enumer-
ated in paragraph Of the policy. 1t
is alleged that, although frequently de-
manded, the defendant refused to furn-
ish blanks to be used in presenting proof
=, 10 n
8, 1897, or within twenty days of the
bringing of the action, plaintiff served
upon defendant proofs of loss prepared
by herself, and demanded payment,
and that the death of the deceased oc-
Cured within the year preceding the
bringing of the action.
Defendant demurs generally. The
questions presented are: First, was the
refusal to furnish the blanks for proof
of loss waiver of such preliminary
proofs; second, is it incumbent upon
plaintiff to negative the fact that death
ensued from causes other than those
enumerated in paragraph of the policy.
LAS to the first proposition, If there
was no waiver of proofs of loss, the
action is maturely brought, ninety
days not having elapsed between the
service of the proofs prepared by plain
tiff and the bringing of the action. these
being the only proofs furnished. am
Of opinion that the refusal to furnish
blanks was a waiver of proofs. The
question was presented to the supreme
court of New York in Gratten VS.. Met
ropolitan Insurance company and the
court there says the proof of death there
called for by the terms of the policy must
be held to relate to proof upon blanks
furnished by the company Its refusal
to furnish them was equivalent to say
ing that it would not accept or receive
proofs, and the plaintiff can not be re-
quired to perform an idle ceremony. II
proofs were, then, waived, waiver of
proofs ie a waiver of the condition that
payment is not to be made until limited
time after the proof. In such case suit
may be brought, although the time with
in which, after proof Of loss. the payment
would be demanda BILE has not expired.
I'm relation to the second proposition,
it is, not necessary to insert allegations
in the complaint for the purpose of meet
ing or cutting off defenses."