Fidelity & Guaranty Insurance Underwriters, Inc. v. Gregory

DAVIS, Commissioner.

Appellee recovered $7,000, the face amount of a fire insurance policy issued to him by appellant, based upon the total deT struction by fire of the appellee’s residence. Appellant’s defense, and its contentions of reversible error,' are based on the admitted failure of appellee to file written proof of loss as provided by the insurance policy. For the appellee it is maintained that’the policy provision requiring proof of loss was effectively waived. Appellant also presents claimed error in the instruction to the jury and in the admission of certain evidence.

Fire destroyed…