District Township of Sidney v. Des Moines Insurance
Supreme Court of Iowa
Appeal from Fremont District Court. — Hon. George Carson, Judge. Action on a policy of insurance against loss or damage by high winds or tornadoes. There was a demurrer to the petition, which was overruled, and the defendant appeals.
1Opinion of the CourtSeevers, C. J.
— The petition states that the loss occurred “on or about the fourteenth day of April, 1886,” and that “on or about June 19, 1886, notice and proof of loss were given to the defendant at the office in *648Des Moines, Iowa.” The defendant demurred to the petition, upon the ground that notice and proof of loss were not furnished until more than sixty days after the loss had elapsed. Counsel for the appellant insist that under the provisions of chapter 211, Laws 1880 (Miller’s Code, 299), the plaintiff is not entitled to recover unless the proof of loss was furnished the defendant within sixty days…
2Cited by2 opinions
- Powers v. BergmanMassachusetts Supreme Judicial Court · 1907
- Connor v. BeckerNebraska Supreme Court · 1901