White v. Aetna Fire Underwriters Insurance Co.

McCLOUD, Chief Justice.

This is a suit on an insurance policy by plaintiff, Mrs. O. E. White, against de*654fendant, Aetna Fire Underwriters Insurance Company, to recover damages allegedly resulting from hail and windstorm. The case was tried before a jury. When plaintiff rested the court granted defendant’s motion for an instructed verdict. Plaintiff has appealed. We affirm.

The evidence conclusively establishes that plaintiff failed to file a proof of loss as required by the policy. In a sworn pleading filed prior to trial, defendant properly alleged that no proof of loss had been filed and thus…