Daul v. Firemen's Insurance
Supreme Court of Louisiana
APPEAL frora the Fourth District Court for the Parish of Orleans. Houston, J. 1. Whore a loss is ooramunicated to an underwriter, and he negotiates for its settlement, makes offers to that end, and never complains of want of preliminary proof, its production is waived. Philips on Insurance, vol." 2, p.475; Flanders on Fire Insurance, p. 593; Blake vs. Ex. Mutual Ins. Co., 12 Gray, 255; Owen vs. Farmers' «Joint Stock Ins.
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APPEAL frora the Fourth District Court for the Parish of Orleans. Houston, J. 1. Whore a loss is ooramunicated to an underwriter, and he negotiates for its settlement, makes offers to that end, and never complains of want of preliminary proof, its production is waived. Philips on Insurance, vol." 2, p.475; Flanders on Fire Insurance, p. 593; Blake vs. Ex. Mutual Ins. Co., 12 Gray, 255; Owen vs. Farmers' «Joint Stock Ins. Co., 57 Barb, 518; 48 Iowa, 644; 30 Md. 102; 2Ü Mich 241; May on Insurance, 468. 2. There was an express waiver by the Secretary, even if not an implied one, from the acts of…
1Opinion of the Court
*99The opinion of the Court was delivered by
Fenner, J.
The action is to recover a loss under a policy of fire insurance.
The defenses will be stated, aud disposed of consecutively.
1. That no proof of loss was ever received, as required by the conditions of the policy.
The insurance in this case was on buildings, a cistern and fences, to the amount of $2,550, and on household furniture aud kitchen utensils to the amount of $450.
The evidence establishes that the defendant was promptly notified of the loss, and that immediately thereafter, the parties entered into prolonged negotiations for' its…
2Cases cited2 opinions
- Peoria Marine & Fire Insurance v. WhitehillIllinois Supreme Court · 1861
- Marion v. Great Republic InsuranceSupreme Court of Missouri · 1864
3Cited by4 opinions
- Garnier v. Aetna Ins. Co. of Hartford, Conn.Supreme Court of Louisiana · 1935
- Strauss v. Insurance Co. of North AmericaSupreme Court of Louisiana · 1925
- Occhipinti v. Boston Ins. Co.Louisiana Court of Appeal · 1954
- Dunn v. Springfield Fire & Marine Ins.Supreme Court of Louisiana · 1902