
    Hugh Drum, Respondent, v. The Philadelphia Casualty Company, Appellant.
    (Supreme Court, Appellate Term,
    February, 1910.)
    Insurance —Actions on policies — Persons entitled to bring action —Assignees of policy'—Provision prohibiting action by assignee.
    A provision in an accident insurance policy, that no action shall . lie against the company for any loss under it except by the assured himself, is binding and prevents an action from being maintained by an assignee.
    Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of Mew York, seventh district, borough of Manhattan.
    Raymond David Fuller, for appellant. „
    Charles L. Hoffman, 'for respondent.
   Per Curiam.

The policy contains a provision that “ Mo action shall lie against the Company as respects any loss or expense under this Policy, unless it shall he brought by the Assured himself.” This was probably inserted in order to prevent assignments of doubtful claims to irresponsible parties for purposes of suit. Whatever its object, it binds the parties. Hence this suit, being by an assignee, must fail.

Present: Seabury, Guy and Whitney, JJ.

■Judgment reversed, with costs, and complaint dismissed.  