Dwelling House Insurance v. Jones
Appellate Court of Illinois
Appeal from the Circuit Court of Richland County; the Hon. B. R. Burroughs, Judge, presiding. This was an action brought upon a policy of insurance which included a period of time from July 8, 1890 to July 8, 1895, upon certain household furniture in a certain building; the amount of the policy was 0300, and was issued upon the written application of the assured, made to the company through its agent, one Miller.
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Appeal from the Circuit Court of Richland County; the Hon. B. R. Burroughs, Judge, presiding. This was an action brought upon a policy of insurance which included a period of time from July 8, 1890 to July 8, 1895, upon certain household furniture in a certain building; the amount of the policy was 0300, and was issued upon the written application of the assured, made to the company through its agent, one Miller. On January 11, 1891, the premises and the property insured were destroyed by fire. On January 13th, Miller wrote the company of the loss, and again on January 28th. Mo answer was…
1Opinion of the CourtJustice Phillips
By the terms and stipulations of this policy, the rendering of sworn proofs of loss to the defendant company witMn thirty days after the insured property was burned is a condition precedent to the right of plaintiff to recover, unless such proof of loss was waived by the company. That such proofs of loss were furnished within thirty days is not claimed, and nothing in the letters of the general agent can be held to be such waiver; and no letter was written, as appears from this evidence, until after the lapse of more than thirty days after the loss by fire. The special agent who was sent to…
2Cases cited2 opinions
- Engebretson v. Hekla Fire InsuranceWisconsin Supreme Court · 1883
- Cedar Rapids Insurance v. ShimpAppellate Court of Illinois · 1885
3Cited by1 opinion
- Miller v. Milwaukee Mechanics' InsuranceAppellate Court of Illinois · 1913