Buffalo Insurance v. Star Photo Finishing Co.

Eberhardt, Judge.

All of the issues in both the appeal and the cross appeal can be disposed of by a ruling on the matter of whether the suit was maintainable, plaintiff not having given written notice of the loss 1 and not having filed any proof of loss at any time prior thereto.

1. (a) Although plaintiff seeks to rely upon an oral demand 2 made by its counsel upon a representative of the insurance company some three days prior to the filing of suit, and six days prior to the expiration of the 12-month policy limitation for the bringing of suit, and upon the company’s alleged refusal to pay the…