Badger v. Phœnix Insurance Co. of Brooklyn
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action upon a policy of insurance against loss by fire. The plaintiff appealed from a judgment of nonsuit.
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APPEAL from the Circuit Court for Winnebago County. Action upon a policy of insurance against loss by fire. The plaintiff appealed from a judgment of nonsuit. The case is thus stated by Mr. Justice Taylor: “The only grounds alleged in this court in justification of the nonsuit are: first, that the plaintiff' failed to show that he had made and delivered proofs of loss as required by the terms of the policy; and second, that if such proofs were furnished, the action was prematurely brought. “Upon the subject of proofs of loss the policy contains the following provisions: “ ‘ Persons sustaining…
1Opinion of the CourtTa.yloR, J.
As the only object of requiring proofs of loss by the assured is to give the company evidence showing that the loss was not fraudulent, and showing the extent of the loss, so that it may judge of the justice of the claim made by the assured under the policy, it would seem that the examination made in this case might well be deemed by the assured as a substitute for the formal proofs required by the terms of the policy. The examination covered the grounds required to be covered by the formal proofs, and, having been made under the searching and critical questioning of the defendant’s agent,…
2Cases cited5 opinions
- Killips v. Putnam Fire InsuranceWisconsin Supreme Court · 1871
- Security Insurance v. FayMichigan Supreme Court · 1871
- McBride v. Republic Fire Ins.Wisconsin Supreme Court · 1872
- O'Conner v. Hartford Fire InsuranceWisconsin Supreme Court · 1872
- Bammessel v. Brewers' Fire Insurance Co. of AmericaWisconsin Supreme Court · 1877
3Cited by6 opinions
- Indiana Insurance v. CapehartIndiana Supreme Court · 1886
- Jacobs v. SpaldingWisconsin Supreme Court · 1888
- Wright v. Fire InsuranceMontana Supreme Court · 1892
- Central City Insurance v. OatesSupreme Court of Alabama · 1888
- Cayon v. Dwelling House InsuranceWisconsin Supreme Court · 1887
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