Walker v. German Insurance
Supreme Court of Kansas
Error from Elk District Court. This was an action on a policy of insurance issued by the defendant company on the 3d day of August, 1888, insuring plaintiff against loss by fire on a hotel building in Moline, for the sum of $1,200. The building was burned about the 29th of the following July.
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Error from Elk District Court. This was an action on a policy of insurance issued by the defendant company on the 3d day of August, 1888, insuring plaintiff against loss by fire on a hotel building in Moline, for the sum of $1,200. The building was burned about the 29th of the following July. The answer admits the execution of the policy, alleges that it was provided in the policy that the insured should furnish proof of loss within 60 days, and that a failure to furnish such proof should cause a forfeiture of all claims under the policy, and that the plaintiff wholly failed to furnish such…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J.:
The defense in this case is based solely on the failure of the plaintiff to comply with the provisions of the policy. Counsel contend for defendant in error that inasmuch as the petition avers compliance with the terms of the policy, and neither the petition nor the reply avers any waiver, under the decision in Insurance Co. v. Johnson, 47 Kas. 1, proof of waiver was incompetent. The defendant pleaded especially the provisions of the policy requiring proof of loss and providing for arbitration, and alleged a failure to furnish proofs of loss,…
2Cases cited8 opinions
- Little v. Phœnix InsuranceMassachusetts Supreme Judicial Court · 1877
- Deitz v. Prov. Wash. Ins.West Virginia Supreme Court · 1890
- Phœnix Insurance Co. v. BadgerWisconsin Supreme Court · 1881
- Hurst v. . LitchfieldNew York Court of Appeals · 1868
- Cobb v. Insurance Co. of North AmericaSupreme Court of Kansas · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Southern Mutual Insurance v. TurnleySupreme Court of Georgia · 1897
- Hartford Fire Ins. Co. v. SullivanSupreme Court of Oklahoma · 1918
- Dolman v. Board of County CommissionersSupreme Court of Kansas · 1924
- Resolute Ins. Co. v. Percy Jones, IncCourt of Appeals for the Tenth Circuit · 1952
- Hunter Milling Co. v. KochCourt of Appeals for the Tenth Circuit · 1936
5 more not listed; retrieve them via the Exa API.