Chap. 79.—An ACT to Simplify Declarations in Actions against Insurance
Companies.

Approved February 8, 1872.

‘Whereas, complaints have from time to time been made by
embers of the legal profession and the holders of policies of
re, marine, and life insurance, that by reason of the almost
am berless conditions and provisoes contained in the policies
f most if not all of the insurance companies doing business
n this commonwealth, and the great difficulty and vexation
xperienced in declaring upon said policies, the expense of
wits thereon is made needlessly large; and whereas, delays
re often obtained, and injustice is done the holders of policies
yy said companies availing themselves of the technical irregu-
arities almost invariably attendant upon a declaration upon
aid policies: therefore,

1. Be it enacted by the general assembly, That hereafter no
articular form of declaration shall be necessary in an action
ipon a policy of insurance, but it shall be sufficient for the
ylaintiff to file a complaint in writing at common law, setting
orth the grounds of his action and the relief prayed for, and
iling therewith the original policy, or a sworn copy thereof,
ipon which his action is brought, and the loss or death relied
1pon as the ground of his recovery, and that he has performed
sll the conditions of said policy and violated none of its pro-
nibitions; and in such complaint it shall not be necessary to
set forth every condition or proviso of said policy, nor to aver
observance of or compliance therewith “seriatim,” but a gene-
ral averment to that effect shall suffice. Such complaint shall
pe filed in the same court and at the same time at which a
declaration in such cases is now required by law; and such
action shall be matured in the same manner as at present.
The defendant may plead the general issue, or such other
special plea or pleas as is now allowed by law; and the rules
now applicable in such cases, as to the bringing of such actions,
the maturing and trial of the same, shall remain the same,
pave as above modified.

2. This act shall be in force from its passage.