Gilbert v. Globe & Rutgers Fire Ins.
Oregon Supreme Court
From Marion: Percy R. Kelly, Judge. In Bano. On June 14, 1912, for value, the defendant executed to plaintiff its certain standard fire insurance policy for $1,200 on a beach cottage in Gearhart Park. On October 2, 1912, while the policy was in force, the property was totally destroyed by fire.
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From Marion: Percy R. Kelly, Judge. In Bano. On June 14, 1912, for value, the defendant executed to plaintiff its certain standard fire insurance policy for $1,200 on a beach cottage in Gearhart Park. On October 2, 1912, while the policy was in force, the property was totally destroyed by fire. The defendant was promptly notified of the loss and about October 16, 1912, the plaintiff with T. C. Shankland as the adjuster of the defendant and at his request made a trip to Gearhart for the purpose of adjusting* the loss. Shankland fixed the amount of the loss at $1,531, and thereafter they…
1Opinion of the CourtJohns, J.
We have twice carefully read the record. The plaintiff met the adjuster of the defendant at the scene of the fire, for the purpose of investigating *63and adjusting the amount of the loss, in going to and from which place he traveled 250 miles. It is very apparent from the record that the sole and only object of the plaintiff in meeting the adjuster at Gearhart was to ascertain and determine the amount of the loss, with a view of making the necessary proofs; otherwise, he would not have gone to the expense and trouble of making the trip.
The policy was for $1,200; the adjuster found that the loss…
2Cases cited4 opinions
- Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
- Hood v. SeachrestOregon Supreme Court · 1918
- David v. Oakland Home InsuranceWashington Supreme Court · 1895
- Phillips v. Union Cent. Life Ins.U.S. Circuit Court for the Southern District of Georgia · 1900
3Cited by17 opinions
- Scheetz v. IMT Ins. Co.(Mut.)Supreme Court of Iowa · 1982
- Engstrom v. FARMERS & BANKERS LIFE INSURANCE CO.Supreme Court of Minnesota · 1950
- United States Fidelity Guaranty Co. v. MillerCourt of Appeals of Kentucky (pre-1976) · 1931
- Talen v. Employers Mutual Casualty Co.Supreme Court of Iowa · 2005
- Thomas N. Carlton Estate v. KellerSupreme Court of Florida · 1951
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