Home Fire Insurance v. Hammang Bros. & Co.
Nebraska Supreme Court
Error from the district court of Washington county. Tried below before Scott, J. The facts are stated by the commissioner. Where a policy requires the furnishing of proofs of loss as a condition precedent to a right of recovery on the policy the proofs must be furnished. (German Ins.
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Error from the district court of Washington county. Tried below before Scott, J. The facts are stated by the commissioner. Where a policy requires the furnishing of proofs of loss as a condition precedent to a right of recovery on the policy the proofs must be furnished. (German Ins. Co. v. Fairbanh, 32 Neb., 757.) The defendants in error never furnished the plaintiff in error with a certificate under the hand and seal of the magistrate, notary public, or commissioner of deeds nearest the place of the fire. There can therefore be no recovery. (Columbian Ins. Co. v. Lawrence, 2 Pet. [U. S.],…
1Opinion of the Court
Ragan, C.
Hammang Bros. & Co. brought this suit in the district court of Washington county against the Home Fire Insurance Company of Omaha, Nebraska, (hereinafter called the “Insurance Company,”) to recover the value of certain merchandise which they alleged they owned, which had been insured against loss or damage by fire by the Insurance Company, and which merchandise had been destroyed by fire. Hammang Bros. & Co. had a verdict and judgment, and the Insurance Company brings the same here for review. There is no contention here but that the policy sued upon was issued, that the premium was…
2Cases cited20 opinions
- Gans v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1877
- State Insurance v. SchreckNebraska Supreme Court · 1889
- Omaha Fire Insurance v. Dierks & WhiteNebraska Supreme Court · 1895
- Hanover Fire Insurance v. GustinNebraska Supreme Court · 1894
- Western Home Insurance v. RichardsonNebraska Supreme Court · 1894
15 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Ætna Insurance v. SimmonsNebraska Supreme Court · 1896
- Modern Woodmen of America v. ColmanNebraska Supreme Court · 1903
- Western Nat. Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- Northern Assur. Co. of London v. Grand View Bldg. Ass'nCourt of Appeals for the Eighth Circuit · 1900
11 more not listed; retrieve them via the Exa API.