Legal Opinion

Millers' National Insurance v. Jackson County Milling & Elevator Co.

Appellate Court of Illinois

Decided August 31, 1895PublishedCited by 4 opinions

Assumpsit, on a policy of insurance. Appeal from the Circuit Court of Jackson County; the Hon. Alonzo K. Vickers, Judge, presiding. Heard in this court at the February term, 1895.

1Opinion of the Court

Mr. Presiding Justice Scofield

delivered the opinion of the Court.

1. In the first division of appellant’s brief it is argued that there can be no recovery because proper proof of loss was not furnished appellant within sixty days after the destruction of appellee’s property by fire. Authorities are cited to show that the furnishing of such preliminary proof within the specified time is a condition precedent to a recovery under the policy. This well settled principle will not be denied by any one conversant with insurance law. There are certain qualifications of the rule, however, which prevent…

2Cases cited3 opinions

  1. Andes Insurance v. FishIllinois Supreme Court · 1874
  2. Peoria Marine & Fire Insurance v. WhitehillIllinois Supreme Court · 1861
  3. Peoria Marine & Fire Insurance v. LewisIllinois Supreme Court · 1857

3Cited by4 opinions

  1. Tinsley v. Ætna InsuranceMissouri Court of Appeals · 1918
  2. First National Bank of Hayward v. GerryAppellate Court of Illinois · 1915
  3. Lanser v. FidlerAppellate Court of Illinois · 1910
  4. Johnson v. JohnsonAppellate Court of Illinois · 1911

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