Fitzpatrick

This is an action upon a policy of a~jdent insurance issued by the defendant on May 13, 190'8, in favor of Roger Fitzpatrick, the husband of plaintiff, On January 23, 1909, the insured died as the result of injuries received on the eighteenth day of January, 1909. The refused payment, End the plaintiff commenced her suit to recover on the policy on February 16, 1910, nearly thirteen months from the date of the receipt of the injury resulting in the death of the insured.

The policy (which is attach&d to the complaint and made a part thereof) jrovides that the defendant shall be notified in writing, within ten days, of ~ny injury to the insured by the policy that proof of claim must be made within two n1onths after the death or end of the disability, and that suit thereon must he brought within twelve months from the date of the accident.

To the complaint setting forth the facts of the case interposed a general demurrer, which was sustained on the ground that the cause of action was barred by reason of the suit not having been commenced within the time in the policy, namely, within twelve months from the date of the accident. This appeal is prosecuted from the judgment entered…