Vann v. Vernon General Insurance

ON PETITION FOR REHEARING

Kelley, J.

Appellee, plying its rehearing petition with intense earnestness and persuasive logic, urges that the policy of insurance involved in this action contained a requirement that “written” notice of accident and “sworn” proof of loss be filed by the insured with the appellee before action could be maintained on such policy, and that “there was utterly no evidence of any attempt to comply with that requirement”.

Such contention, presently urged, found no place in appellee’s brief and no utterance thereof was heard in the argument. However, if such point was made…