Legal Opinion

Rokes v. Amazon Insurance

Court of Appeals of Maryland

Decided June 18, 1879PublishedCited by 47 opinions

Appear from the Superior Court of Baltimore City. The case is stated in the opinion of the Court. The sixth clause of the policy of fire insurance therein mentioned, provided as follows: In case of loss, the assured shall give immediate notice thereof in writing, and shall immediately thereafter render to the company a particular account of said loss in writing under oath, stating the time, origin and circumstances of the fire, the occupancy of the building insured or…

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Appear from the Superior Court of Baltimore City. The case is stated in the opinion of the Court. The sixth clause of the policy of fire insurance therein mentioned, provided as follows: In case of loss, the assured shall give immediate notice thereof in writing, and shall immediately thereafter render to the company a particular account of said loss in writing under oath, stating the time, origin and circumstances of the fire, the occupancy of the building insured or containing the property insured, other insurance, if any, and copy of the written portion of this policy, and copies of all…

1Opinion of the CourtRobinson, J.

This is an action on a policy issued by the appellee, insuring the property of the appellant against loss by lire.

The policy requires that proofs of loss shall be furnished in writing immediately after the fire. Immediately as here used means within a reasonable time; and what is a reasonable time must of course depend upon the facts and circumstances of each particular case. Cashan vs. N. W. Nat. Ins. Co.. 5 Biss., 476; Edwards vs. Lycoming Co. Mut Ins. Co., 75 Penn., 318.

Admitting, however, for the purposes of this case, that proofs of loss were not furnished within the time prescribed by…

2Cases cited6 opinions

  1. Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
  2. Post & Dowding v. Ætna InsuranceNew York Supreme Court · 1864
  3. Phillips v. Protection InsuranceSupreme Court of Missouri · 1851
  4. Franklin Fire Insurance v. Chicago Ice Co.Court of Appeals of Maryland · 1872
  5. Owen v. Farmers' Joint Stock InsuranceNew York Supreme Court · 1869

1 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. West v. Monroe Bakery, Inc.Supreme Court of Louisiana · 1950
  2. Corporation of the Royal Exchange Assurance v. FranklinSupreme Court of Georgia · 1924
  3. Hartford Fire Insurance v. KeatingCourt of Appeals of Maryland · 1897
  4. Edwards v. Fidelity & Casualty Co.Louisiana Court of Appeal · 1929
  5. Dwelling House Insurance v. DowdallIllinois Supreme Court · 1895

42 more not listed; retrieve them via the Exa API.

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