Schultz v. Queen Insurance Company

CLEMENS, Commissioner.

This is an appeal from a $3,525 judgment for plaintiffs on two fire and windstorm insurance policies. The case now presents only the appeal of the defendants-insurers. (Initially, the plaintiffs appealed from the trial court’s denial of their claim for penalties for vexatious delay, but we dismissed that appeal, No. 31,636, for plaintiffs’ failure to file a brief. Civil Rules 83.06 and 83.09, V.A.M.R.)

The issues raised here concern plaintiffs’ failure to make a formal proof of loss, their duty to comply with conditions of the poli cy as to inspection and appraisal, and…