RADICK v. UNDERWRITERS AT LLOYD'S, LONDON

No. 8203.

137 F.2d 21 (1943)

RADICK et al. v. UNDERWRITERS AT LLOYD'S, LONDON.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied July 16, 1943.


Attorney(s) appearing for the Case

Russell J. Topper, of Chicago, Ill., for appellant.

David J. Kadyk and Leonard F. Martin, both of Chicago, Ill. (Lord, Bissell & Kadyk, of Chicago, Ill., of counsel), for appellee.

Before EVANS, KERNER, and MINTON, Circuit Judges.


EVANS, Circuit Judge.

This action, on an insurance policy issued by defendant, was dismissed because the cause of action was barred by a policy limitation period of twelve months within which plaintiffs were required to institute suit against defendant. For plaintiffs, it is argued that this limitation provision was tolled by the absence of the defendant from the State of Ohio, where the cause of action arose.

Plaintiffs were injured on May 10, 1939, while...

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