A. Perley Fitch Co. v. Continental Insurance

It is conceded by the defendant that it has waived the policies’ requirements of notice of loss. However, the policies provide with reference to the conditions precedent as follows: “No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity unless all the requirements of this policy shall have been complied with. ...” It is undisputed that under our law unless the plaintiff’s failure to comply with the requirement of proof of loss is excused on the ground of waiver, estoppel or for some other good reason, there must be a nonsuit. Bean v.…