German Insurance v. Gibson
Supreme Court of Arkansas
APPEAL from Nevada Circuit Court. C. E. Mitchel, Judge. 1. When a policy provides that the loss shall be payable ninety days after proof of loss, an action brought within that period is premature. . 2 Wood on Insurance, sec. 462. The "burden is on plaintiff to show a waiver, and this the evidence ■fails to show. 2. The court instructed the jury that a denial of plaintiff’s right to recover by reason of alleged breaches of warranty was a waiver of proofs of loss, and that the…
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APPEAL from Nevada Circuit Court. C. E. Mitchel, Judge. 1. When a policy provides that the loss shall be payable ninety days after proof of loss, an action brought within that period is premature. . 2 Wood on Insurance, sec. 462. The "burden is on plaintiff to show a waiver, and this the evidence ■fails to show. 2. The court instructed the jury that a denial of plaintiff’s right to recover by reason of alleged breaches of warranty was a waiver of proofs of loss, and that the fact that defendant received proofs of loss and made objections to their form, etc., constitute a waiver of the breach…
1Opinion of the CourtBattle, J.
Gibson sued the German Insurance Company on a policy of fire insurance, alleging that the dwelling house thereby insured had been destroyed by fire. One of the defenses to this action was, that the policy had been issued on the faith of representations made by Gibson, the owner of the dwelling insured, and that these representations were declared in the policy to be warranties, and were false. Another defense was, that the action was prematurely brought.
Among the questions propounded to Gibson and answered in his application for insurance, was the following: “What is the size, area and…
2Cases cited18 opinions
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- Insurance Co. v. EgglestonSupreme Court of the United States · 1878
- Insurance Co. v. WolffSupreme Court of the United States · 1877
13 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Standard Acc. Ins. Co. v. RobertsCourt of Appeals for the Eighth Circuit · 1942
- Gold Issue Mining & Milling Co. v. Pennsylvania Fire InsuranceSupreme Court of Missouri · 1916
- Phœnix Insurance v. Public Parks Amusement Co.Supreme Court of Arkansas · 1896
- Tillis v. Liverpool & London & Globe InsuranceSupreme Court of Florida · 1903
- Hartford Fire Insurance v. EnochSupreme Court of Arkansas · 1906
44 more not listed; retrieve them via the Exa API.