Nathan Miller, Inc. v. Northern Insurance

Layton, Chief Justice:

*526The plaintiff sued upon an insurance policy ■ indemnifying it against damage through sprinkler leakage, by the terms of which policy formal proof of loss was required to be rendered within sixty days. Proof of loss was not filed within the stipulated time, but the plaintiff, in excuse, alleged waiver and estoppel. The defendant demurred generally.

The fifth count of the declaration, based on waiver, and all of the counts, based on estoppel, were conceded to be defective in substance and require no consideration. The remaining counts, based on waiver, did not allege the…