Globe & Rutgers Ins. Co. of New York v. Prairie Oil & Gas Co.
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action by the Prairie Oil & Gas Company against the Globe & Rutgers Insurance Company of tlie City of New York. There was a judgment for plaintiff on a directed verdict, and defendant brings error. The plain! iff is a corporation existing under the laws of tile state of Kansas. The defendant is a corporation existing under the laws of the state of New York.
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In Error to the District Court of the United States for the Southern District of New York. Action by the Prairie Oil & Gas Company against the Globe & Rutgers Insurance Company of tlie City of New York. There was a judgment for plaintiff on a directed verdict, and defendant brings error. The plain! iff is a corporation existing under the laws of tile state of Kansas. The defendant is a corporation existing under the laws of the state of New York. The plaintiff sues oil a policy of insurance issued to defendant on February 6, 1914, insuring against all direct loss or damage by lire, except as…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above).
[1]' This is an action upon a policy of insurance, and the defendant claims *455that the action cannot be maintained because the proofs of loss were insufficient. The object of the clause concerning proofs of loss inserted in a policy is to give the company proper information as to the facts rendering it liable. Failure reasonably to comply with such a clause, if not waived by the company, defeats recovery. A substan - tial compliance is, however, all that is required. Glazer v. Home Ins. Co., 190 N. Y. 6, 82 N. E. 727; Davis v. Grand Rapids Ins. Co., 157 N. Y.…
2Cases cited12 opinions
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- Commercial Fire Ins. v. AllenSupreme Court of Alabama · 1886
- National Bank of Commerce v. City of New BedfordMassachusetts Supreme Judicial Court · 1892
- Glazer v. . Home Ins. Co.New York Court of Appeals · 1907
- Ankeny v. BlakleyOregon Supreme Court · 1903
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Massachusetts Bonding & Ins. Co. v. Norwich Pharmacal Co.Court of Appeals for the Second Circuit · 1927
- Equitable Life Assur. Soc. v. DorrietySupreme Court of Alabama · 1934
- Belbas v. New York Life InsuranceMassachusetts Supreme Judicial Court · 1938
- American Merchant Marine Ins. v. Margaret M. Ford Corp.Court of Appeals for the Second Circuit · 1920
- Cussler v. Firemen's Insurance Co. of NewarkSupreme Court of Minnesota · 1935
8 more not listed; retrieve them via the Exa API.