Lohnes v. Insurance Company of North America
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance against fire. At the trial in the Superior Court, before Aldrich, J., it was admitted by the defendant that the property described in the policy was destroyed by fire.
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Contract upon a policy of insurance against fire. At the trial in the Superior Court, before Aldrich, J., it was admitted by the defendant that the property described in the policy was destroyed by fire. It was admitted by the plaintiff that he did not furnish the defendant with formal proof of the loss as required by the terms of the policy, and that he could not maintain his action unless he proved a waiver by the defendant of that part of the policy requiring such formal proof. The plaintiff testified that he employed Samuel S. Trefry to obtain insurance for him in the defendant company,…
1Opinion of the CourtMorton, J.
The only question presented to us is whether there was sufficient evidence to justify the jury in finding a waiver of the proof of loss required by the terms of the policy.
If we assume that, upon the testimony, the jury might find a waiver by William Archer, an agent of the defendant, it was yet for the plaintiff to prove that Archer had authority to make such waiver. The only testimony upon this point was that oí Trefry, who obtained the insurance for the plaintiff. He testified that Archer was the agent of the defendant, that he had dealings with him as such agent, and that Archer received…
2Cases cited1 opinion
- Eastern Railroad v. Relief Fire InsuranceMassachusetts Supreme Judicial Court · 1870
3Cited by15 opinions
- Ermentrout v. Girard Fire & Marine InsuranceSupreme Court of Minnesota · 1895
- American Fire Insurance v. BrooksCourt of Appeals of Maryland · 1896
- Kyte v. Commercial Union Assurance Co.Massachusetts Supreme Judicial Court · 1887
- Nickell v. Phoenix InsuranceSupreme Court of Missouri · 1898
- Merchants' Planters' Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
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