Legal Opinion

Northern Assurance Co. v. Hanna

Nebraska Supreme Court

Decided March 21, 1900No. 9,204PublishedCited by 20 opinions

Error to the district court for Lancaster county. Tried below before Hall, J. The defendant in error should have read his policy and informed himself of the obligation resting upon him. German Ins. Co. v. Ileiduk, 30 Nebr., 288; Hankins v. Rock- ■ ford Ins. Co., 70 Wis.,1; Cleaver v. Traders Ins. Co., 65' Mich., 527; Wierengo v. American Fire Ins.

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Error to the district court for Lancaster county. Tried below before Hall, J. The defendant in error should have read his policy and informed himself of the obligation resting upon him. German Ins. Co. v. Ileiduk, 30 Nebr., 288; Hankins v. Rock- ■ ford Ins. Co., 70 Wis.,1; Cleaver v. Traders Ins. Co., 65' Mich., 527; Wierengo v. American Fire Ins. Co., 98 Mich., 621. which proofs of loss should be furnished by the terms of the policy sued on in this case is not made of the essence of the contract, and no forfeiture of the contract is declared because of the failure to furnish the proofs…

1Opinion of the CourtSullivan, J.

In the district court of Lancaster county Charles A. Hanna, the plaintiff below, recovered a judgment against the Northern Assurance Company of London, England, on a fire insurance policy covering a stock of merchandise. It is insisted that the'judgment should be reversed, because (1) proofs of loss were not furnished within the time fixed by the contract of insurance; (2) that there was neither averment nor proof of a waiver of the condition with respect to furnishing proofs of loss; and (3) that if the defendant is liable, the action was prematurely brought. We will consider these…

2Cases cited10 opinions

  1. Williamsburg City Fire Insurance v. CaryIllinois Supreme Court · 1876
  2. Steele v. German InsuranceMichigan Supreme Court · 1892
  3. Niagara Fire Insurance v. ScammonIllinois Supreme Court · 1881
  4. Kenton Insurance v. DownsCourt of Appeals of Kentucky · 1890
  5. Tubbs v. Dwelling-House InsuranceMichigan Supreme Court · 1891

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3Cited by20 opinions

  1. Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
  2. Nance v. Oklahoma Fire Ins. Co.Supreme Court of Oklahoma · 1912
  3. Indian River State Bank v. Hartford Fire InsuranceSupreme Court of Florida · 1903
  4. Mason v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1901
  5. Clark Millinery Co. v. National Union Fire InsuranceSupreme Court of North Carolina · 1912

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