Gillett v. Burlington Insurance
Supreme Court of Kansas
Error from Greenwood District Court. Action on a policy of insurance by Sarah Gillett against the Burlington Insurance Company. There was judgment for defendant, on demurrer to the evidence, and plaintiff brings error. The proof was ample that the notice required by the terms of the policy was given. I insist that a waiver by the company of proof of loss was as clearly proven.
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Error from Greenwood District Court. Action on a policy of insurance by Sarah Gillett against the Burlington Insurance Company. There was judgment for defendant, on demurrer to the evidence, and plaintiff brings error. The proof was ample that the notice required by the terms of the policy was given. I insist that a waiver by the company of proof of loss was as clearly proven. That some person representing himself to be the agent of the defendant company went to see the plaintiff, about the 1st of September, 1888 — within 60 days after the loss, that having occurred on the 21st day of July,…
1Opinion of the Court
The opinion of the court was delivered by
JOHNSTON, J.;
*111i insurance-policy — waiver pleading. *110This was on action against the Burlington Insurance Company upon a contract of insurance with Sarah Gillett, which provided that, in case of loss by fire, proofs of the same should be delivered to the secretary of the company within 60 days next after such loss occurred. The property insured was destroyed by fire, but the proofs were not furnished within the prescribed time, and there was a provision in the contract that neglect or failure in this respect would defeat a recovery upon the policy. In the…
2Cases cited1 opinion
- Dwelling-House Insurance v. JohnsonSupreme Court of Kansas · 1891
3Cited by12 opinions
- Sartain v. WalkerSupreme Court of Oklahoma · 1916
- Tinney v. CrosbySupreme Court of Vermont · 1941
- Aronson v. Frankfort Accident & Plate Glass InsuranceCalifornia Court of Appeal · 1908
- Clinton Nat. Bank v. McKennonSupreme Court of Oklahoma · 1910
- Lee v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1903
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