Ward v. Pacific Fire Insurance
Supreme Court of South Carolina
Before Wilson, J., Horry, November, 1917. Action by R. V. Ward against Pacific Fire Insurance Company on a policy of fire insurance. From judgment for plaintiff, the defendant appeals. cite: Letters written by agent to company and company’s reply seen by assured long after time for filing proofs of loss had expired could not operate as waiver by company of requirement that proofs of loss be filed: 90 U. S. 326; 24 L. Ed. 387; 56 Am. St. Rep. 481; 112 Am.
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Before Wilson, J., Horry, November, 1917. Action by R. V. Ward against Pacific Fire Insurance Company on a policy of fire insurance. From judgment for plaintiff, the defendant appeals. cite: Letters written by agent to company and company’s reply seen by assured long after time for filing proofs of loss had expired could not operate as waiver by company of requirement that proofs of loss be filed: 90 U. S. 326; 24 L. Ed. 387; 56 Am. St. Rep. 481; 112 Am. St. Rep. 232-236; 20 Am. St. Rep. 809; 19 Am. St. Rep. 716, 721; 27 S. E. 779; 38 Atl. 320; 71 Pac. 272 ; 4 So. 62; 80 Am. Dec. 197; 1.1 Am.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. J ustice Hydrick.
Defendant appeals from judgment for plaintiff on a policy insuring plaintiff against loss of his house by fire. The policy contained the usual provisions that in case of loss, the insured should give the company immediate notice and, within 60 days after the fire, furnish proofs of loss as therein stipulated, that the loss should not be payable until 60 days after proofs of loss had been furnished, and that no action should be brought, until after compliance with said requirements. It contained also the usual provision against…
2Cases cited2 opinions
- Wilson v. Commercial Union Assurance Co.Supreme Court of South Carolina · 1898
- McBryde v. South Carolina Mutual Ins.Supreme Court of South Carolina · 1899
3Cited by10 opinions
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- American Fidelity Fire Ins. Co. v. WinfieldSupreme Court of Arkansas · 1955
- Hancock v. National Council Junior Order United American MechanicsSupreme Court of South Carolina · 1936
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