Kiefert v. Maple Valley Mutual Home Fire Insurance
Wisconsin Supreme Court
Appeal from a judgment of tlie circuit court for Oconto county: W. B. Quinlan, Circuit Judge. Action on a policy of fire insurance upon a barn and the hay therein. The barn was insured for $200 and the hay for $100, payable sixty days after notice and proof of loss.
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Appeal from a judgment of tlie circuit court for Oconto county: W. B. Quinlan, Circuit Judge. Action on a policy of fire insurance upon a barn and the hay therein. The barn was insured for $200 and the hay for $100, payable sixty days after notice and proof of loss. The barn and hay were totally destroyed by fire November 29, 1912.* Notice was at once given to the company and within a week the officers of the company met the assured at the site-of the fire and attempted to adjust the loss. It was admitted by the officers that the loss on the barn was $200, but the parties disagreed as to the…
1Opinion of the Court
WiK'snow, O. J.
The appellant claims that he was entitled to interest from the date of the adjustment and a full bill of costs.
This claim must be overruled, because (1) the jury found on sufficient evidence not only that the loss was only $240, but also that the parties agreed to adjust the loss at that sum at the meeting early in December; (2) the insurance company had sixty days after receiving notice within which to pay the loss; (3) the evidence shows without dispute that within that period the defendant offered the plaintiff a good check for $240 and has kept the offer good; (4) the offer…
2Cases cited1 opinion
- Mitchell v. Vermont Copper Mining Co.New York Court of Appeals · 1876
3Cited by1 opinion
- Pahl v. KomorowskiWisconsin Supreme Court · 1919