Leland v. Firemen's Insurance Co. of Newark

Opinion by

Baldrige, J.,

Plaintiffs brought this action on a fire insurance policy to recover damages resulting from partial destruction of their property by fire. The jury returned a verdict for the plaintiffs in the sum of $811. The trial court granted defendant’s motion for judgment n. o. v., and from this ruling plaintiffs appealed.

The point in dispute is: Was the evidence sufficient to submit to the jury the question whether the defendant company waived the provision in the policy inquiring the filing of formal proofs of loss within the 60-day period? We think it ivas.

This case was before…