Phenix Insurance v. Belt Railway Co.
Appellate Court of Illinois
Assumpsit, on a policy of insurance. Trial in the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1898.
1Opinion of the Court
Mr. Presiding Justice Windes
delivered the opinion of the court.
The principal question presented is as to whether the one year limitation in the policy against bringing suit, defeats this action. Other minor questions, viz., the waiver of proofs of loss, that the property destroyed was not covered by the policy, and that the court erred in the admission and exclusion of evidence, are made, but do not seem to be specially relied on by counsel. It is contended by appellee that, for certain technical reasons enumerated, the defense of the limitation clause in the policy can not be considered. We…
2Cases cited11 opinions
- Hay v. . Star Fire Insurance CompanyNew York Court of Appeals · 1879
- Chandler v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1874
- Home Insurance & Banking Co. v. MyerIllinois Supreme Court · 1879
- Johnson v. Humboldt InsuranceIllinois Supreme Court · 1878
- German Fire Insurance v. GrunertIllinois Supreme Court · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- McMahon v. Millers National InsuranceAppellate Court of Illinois · 1971
- Rethy v. Country Mutual InsuranceAppellate Court of Illinois · 1971