Legal Opinion

Samchuck v. Insurance Co. of North America

Oregon Supreme Court

Decided March 11, 1919PublishedCited by 1 opinion

From Multnomah: Robert Tucker, Judge. • Department 2. The plaintiff, Egnat Samchuck, according to the evidence, is an ignorant foreigner, and is not able to read or write except to sign his name. The action is on a policy of insurance upon plaintiff’s dwelling-house, insuring said property for the amount of $1,000. The policy was made in the year 1915, and was a renewal (with an increase) of a policy issued by the same company on the same property three years before.

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From Multnomah: Robert Tucker, Judge. • Department 2. The plaintiff, Egnat Samchuck, according to the evidence, is an ignorant foreigner, and is not able to read or write except to sign his name. The action is on a policy of insurance upon plaintiff’s dwelling-house, insuring said property for the amount of $1,000. The policy was made in the year 1915, and was a renewal (with an increase) of a policy issued by the same company on the same property three years before. After the fire the plaintiff notified the defendant, and the loss was adjusted, and the defendant agreed to pay the plaintiff…

1Opinion of the CourtBennett, J.

1, 2. This case being brought upon the adjustment, and resulting agreement to pay a certain specified'amount, must be distinguished from such cases as are brought to recover the amount of a loss or damage, directly upon the policy of insurance itself. In the latter case the burden would be upon the plaintiff to show that he had complied with the contract upon his part — that formal proofs of loss, in strict compliance with the policy of insurance, etc., had been prepared; and the actual damages that had been suffered by the fire, within the terms of the contract. But where the plaintiff…

2Cited by1 opinion

  1. Samchuck v. Insurance Co.Oregon Supreme Court · 1921

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