Benefield v. Malone

Ebeirhardt, Judge.

The proof of loss filed by the plaintiff contained the following: “The .insured hereby assigns and transfers to the company any claim or cause of action which the insured now has or may hereafter have to recover against any person or persons for damage resulting from said occurrence and loss above described. . .” As stated by the court when the case was last before it: “Without doubt the language of these paragraphs, if the ‘proof of loss’ containing them had been accepted by the insurer, would have effectuated an assignment of the cause of action.” Benefield v. Malone, 110…