Knudson v. Hekla Fire Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for St. Croix County. Action upon a policy issued by the defendant company, insuring the-plaintiff against loss.of, or damage to, his barn and certain personal property by fire, for three years from August 17, 1887, in the sum, in the aggregate, of $850. On November 11, 1887, the barn and most of the insured personal property were destroyed by fire.
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APPEAL from the Circuit Court for St. Croix County. Action upon a policy issued by the defendant company, insuring the-plaintiff against loss.of, or damage to, his barn and certain personal property by fire, for three years from August 17, 1887, in the sum, in the aggregate, of $850. On November 11, 1887, the barn and most of the insured personal property were destroyed by fire. The policy contains a stipulation in the form usual in fire insurance policies, requiring the assured, in case of loss, to render to the company sworn proofs of loss containing certain specified information within…
1Opinion of the Court
LyoN, <T.
By the terms of the policy in suit, the rendering of sworn proofs of loss to the defendant company, within thirty days after the destruction of the property by fire, is a condition precedent to the right of the plaintiff to recover in this action. That such proofs were not so rendered is undisputed. Hence the plaintiff is not entitled to recover on the policy, unless the company has waived such proofs. The plaintiff claims that it did waive them, and relies exclusively upon the conversations with McCurdy and Gilbert to establish such waiver.
Gilbert was a local agent of the company,…
2Cases cited1 opinion
- Hankins v. Rockford Insurance Co.Wisconsin Supreme Court · 1887
3Cited by15 opinions
- Kahn v. Traders InsuranceWyoming Supreme Court · 1893
- Washburn-Halligan Coffee Co. v. Merchants' Brick Mutual Fire InsuranceSupreme Court of Iowa · 1900
- Carey v. German American InsuranceWisconsin Supreme Court · 1893
- German Ins. v. HeidukNebraska Supreme Court · 1890
- Dale v. Continental InsuranceTennessee Supreme Court · 1895
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