Horn v. Protective Life Insurance

The first and principal question debated in the briefs and on oral argument is directed to the motion to nonsuit. Defendant asserts the court’s ruling was erroneous for'two reasons:

First, plaintiff alleged, and defendant denied, that proof of loss required by the policy had been given. Plaintiff must establish compliance with policy provisions to recover, and proof of loss is a condition precedent. If this case had been tried on the theory that plaintiff had not filed proof of loss, as required by the policy, we would feel compelled to reverse for that reason; but it is manifest from the…