Sterling State Bank v. Virginia Surety Company

Murphy, Justice.

This is an appeal from a judgment and from an order of the trial court denying plaintiff’s motion for a new trial. The issues grow out of a claim by plaintiff, Sterling State Bank, against defendant, Virginia Surety Company, for recovery under a loss-payable clause of a theft insurance policy covering a stolen truck. Plaintiff contends that the trial court erred in granting judgment for defendant because of plaintiff’s failure to render proof of loss within 60 days after the insured failed to do so, as required by the loss-payable clause and other provisions of the policy.

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