Legal Opinion

German Insurance & Savings Institution v. Kline

Nebraska Supreme Court

Decided April 3, 1895No. 6063PublishedCited by 21 opinions

Error from the district court of Douglas county. Tried below before Keysor, J. The facts are stated by the commissioner. Denial of liability after expiration of time for furnishing proofs of loss is not a waiver of the proofs. (Wood, Eire Insurance, p. 725; Metropolitan Safety Fund Accident Association v. Windover, 27 N. Ip. Rep. [III.], 538; Van Kirk v. Citizens Ins.

Read the full summary

Error from the district court of Douglas county. Tried below before Keysor, J. The facts are stated by the commissioner. Denial of liability after expiration of time for furnishing proofs of loss is not a waiver of the proofs. (Wood, Eire Insurance, p. 725; Metropolitan Safety Fund Accident Association v. Windover, 27 N. Ip. Rep. [III.], 538; Van Kirk v. Citizens Ins. Co., 48 N. W. Rep. [Wis.], 798.) The provision of the policy to furnish proofs of loss as soon as possible was not complied with. The right to furnish and keep alive a claim of recovery required this to be done in a few days.…

1Opinion of the Court

Irvine, C.

This was an action by Kline against the insurance company to recover, upon a policy of insurance written on a frame building in the city of Omaha, the building having been destroyed by fire. The insurance company answered, admitting the payment of-the premium and the issuance of the policy, but denying that plaintiff was the owner of the building. Further answering, the defendant alleged that the policy provided that “if the interest of the assured in the property be any other than the entire, unconditional,- and sole ownership of the property for the use and benefit of the assured,…

2Cases cited10 opinions

  1. Phoenix Life Ins. Co. v. RaddinSupreme Court of the United States · 1887
  2. O'Brien v. Ohio InsuranceMichigan Supreme Court · 1883
  3. Dunbar v. Phenix Insurance Co. of BrooklynWisconsin Supreme Court · 1888
  4. Cross v. National Fire InsuranceNew York Court of Appeals · 1892
  5. Phenix Ins. v. BachelderNebraska Supreme Court · 1891

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

3Cited by21 opinions

  1. Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
  2. Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
  3. Glens Falls Insurance Co. v. MichaelIndiana Supreme Court · 1905
  4. Hanover Fire Insurance v. BohnNebraska Supreme Court · 1896
  5. Ætna Insurance v. SimmonsNebraska Supreme Court · 1896

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API