McElrath v. STATE CAPITAL INSURANCE COMPANY

VAUGHN, Judge.

Defendant contends that its motion for a directed verdict should have been allowed because plaintiff failed to prove that she complied with the policy provision with respect to filing proof of loss within sixty (60) days following the fire. Defendant notified plaintiff that her policy had been cancelled. Defendant continued to maintain that position in its pleadings when it alleged that the policy had been cancelled prior to the loss and that the policy was not in effect on the date of the fire. “The law does not require one to do a vain thing.” Williams v. Insurance Co., 209…