Home Insurance Company of New York v. Porter

Opinion op the Court by

Drury, Commissioner—

Reversing.

The Home Insurance Company seeks by this appeal to reverse an $850 judgment recovered against it on a policy of insurance by J. H. and Joanner Porter, whom we shall refer to as the plaintiffs.

The insured property burned between 7 and 8 o’clock on the evening of July 7, 1925. When plaintiffs sued on this policy, the company by its answer pleaded that the policy contained a provision that, if proof of loss was not furnished within 60 days after the fire,’ all claims under the policy were forfeited. This 60-day clause so pleaded is very…