Binsfeld v. Home Mutual Insurance

The case is before us on appeal by the defendant from an order by its terms, (1) overruling defendant’s plea in abatement; and (2) denying defendant’s motion for a summary judgment dismissing the action.

The action is on a tornado insurance policy to recover the damage suffered by plaintiff for loss of insured property by a tornado. The defendant interposed a plea in abatement on the ground that no cause of action had accrued by reason of failure of the plaintiff to file a proof of loss such as is required by the policy as prerequisite to commencement of an action. The plaintiff did not demur…