Delta Insurance Co. v. Wood

Felton, Chief Judge.

One of the conditions of the policy was that the insured would “file proof of loss with the company within sixty days after, the occurrence of loss, unless such time is extended in writing by the company.” An extension was not alleged. The loss occurred on April 5, 1957. While immediate notice of the loss was given to the insurer, as required by the policy, no proof of loss was ever filed or furnished. The plaintiffs on June 13, 1957, requested “Proof of Loss” forms from the insurer and even this request was more than, sixty days after the loss. The policy did not require…