Legal Opinion
Horwitz v. United States Fidelity & Guaranty Co.
Washington Supreme Court
Decided April 3, 1917No. 13660PublishedCited by 4 opinions
Appeal from a judgment of the superior court for What-com county, Pemberton, J., entered January 19, 1916, upon findings in favor of the plaintiffs, in an action on a policy of burglary insurance, tried to the court.
1Opinion of the Court
Fullerton, J. —
The respondents brought this action against the appellant to recover on a policy of burglary insurance. The cause was tried by the court sitting without a jury. The court made findings of fact and conclusions of law favorable to the respondents, and entered judgment accordingly. This appeal is from the judgment so entered.
The first assignment of error is that the action was prematurely commenced. The policy provided:
“No suit shall be brought under this policy until three months after the particulars of the loss as required herein have been furnished to the company, nor at all…
2Cases cited3 opinions
- Malin v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1904
- Cascade Fire & Marine Insurance v. Journal Publishing Co.Washington Supreme Court · 1890
- Cushing v. Williamsburg City Fire InsuranceWashington Supreme Court · 1892
3Cited by4 opinions
- Hanford v. King CountyWashington Supreme Court · 1920
- Kroloff v. Southern Surety Co.Supreme Court of Iowa · 1924
- Michigan Millers Mutual Insurance Co. v. LindseyMississippi Supreme Court · 1973
- North Pacific Finance Corp. v. Howell-Thompson Motor Co.Washington Supreme Court · 1931