Snell v. North British & Mercantile Insurance
Montana Supreme Court
Appeals from District Court, Ravalli County; Theodore Lentz, Judge. Action by L. C. Snell against tbe North British and Mercantile Insurance Company of London and Edinburgh. From a judgment for plaintiff and an order denying it a new trial, defendant appeals. Exact literal compliance with the policy requirements is, of course, not required; but substantial compliance is.
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Appeals from District Court, Ravalli County; Theodore Lentz, Judge. Action by L. C. Snell against tbe North British and Mercantile Insurance Company of London and Edinburgh. From a judgment for plaintiff and an order denying it a new trial, defendant appeals. Exact literal compliance with the policy requirements is, of course, not required; but substantial compliance is. (19 Cye. 849; 14 R. C. L., Insurance, sec. 507; DaRin v. Casualty Co. of America, 41 Mont. 175, 184, 137 Am. St. Rep. 709, 27 L. R. A. (n. s.) 1164, 108 Pac. 649.) An investigation such as here conducted by Luke could not…
1Opinion of the CourtJustice Eetnolds
On the 15th of December, 1917, plaintiff procured an insurance policy of defendant covering creamery stock and equipment contained in a certain building at Corvallis, the policy taking effect at noon of that day. On that same evening a fire occurred, resulting in a total loss of the insured property. This action was commenced to recover the amount claimed to be due upon the policy. The case was tried before the court with a jury. Yerdiet was rendered in favor of plaintiff, and judgment entered accordingly. Motion for new trial was made and overruled. Defendant appeals from the judgment, and…
2Cited by12 opinions
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- Krause v. Insurance Co. of North AmericaMontana Supreme Court · 1925
- Resolute Ins. Co. v. Percy Jones, IncCourt of Appeals for the Tenth Circuit · 1952
- Pasherstnik v. Continental InsuranceMontana Supreme Court · 1923
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