Orr v. National Fire Ins.

This case is here on rehearing. The opinion of the court on the former hearing is reported in 50 S. D. 519, 210 N. W. at page 744. In defendant’s petition for a rehearing no *514complaint is made of our disposition of its first defense, to wit, that the policy sued upon had lapsed prior to the loss because of plaintiff’s nonpayment of the premium. But in our consideration of the question of “proof of loss,” we said:

“Under its second defense appellant contends that plaintiff failed to file a proof of loss such as is provided for in the policy. Within a short time after the storm that damaged…