St. Louis Fire & Marine Ins. Co. v. Silverman

CODY, Justice.

This is an action by appellee upon a policy of fire insurance issued by appellant to recover for the “total loss” by fire of the building covered by the policy. The appel*863lant denied that the building was a total loss, and pled that proof of loss was not made within ninety-one days as required by the terms of the policy. During the course of the trial, which was to a jury, appellee, under leave of the court, filed a trial amendment in which he pled compliance with the terms of the policy, and in the alternative pled a waiver of compliance and that appellant was estopped to deny…