Larsen & Son v. Retail Merchants Mutual Insurance

The first question of importance in the case involves the question of an alleged plea in abatement.

The destruction of the property insured occurred August 10, 1929. It is claimed the proof of loss was waived on September 16, 1929. This claim, however, is in dispute and for the purpose of determining the question involving the plea in abatement, we will assume that proof of loss was waived on said latter named date.

This suit was commenced on October 12, 1929, in the district court of Audubon County, Iowa. The defendant filed answer February 19, 1930, in which no reference was made to an…