Gilbert v. Globe & Rutgers Fire Ins.
Oregon Supreme Court
From Marion: Percy R. Kelly, Judge. In Bano. On June 14, 1912, for value, the defendant executed to plaintiff its certain standard fire insurance policy for $1,200 on a beach cottage in Gearhart Park. On October 2, 1912, while the policy was in force, the property was totally destroyed by fire.
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From Marion: Percy R. Kelly, Judge. In Bano. On June 14, 1912, for value, the defendant executed to plaintiff its certain standard fire insurance policy for $1,200 on a beach cottage in Gearhart Park. On October 2, 1912, while the policy was in force, the property was totally destroyed by fire. The defendant was promptly notified of the loss and about October 16, 1912, the plaintiff with T. C. Shankland as the adjuster of the defendant and at his request made a trip to Gearhart for the purpose of adjusting* the loss. Shankland fixed the amount of the loss at $1,531, and thereafter they…
1Opinion
Petition for Rehearing.
(178 Pac. 358.)
In Banc.
On petition for rehearing. Petition Denied.
Mr. Walter C. Winslow and Mr. Carey F. Martin, for the petition.
Messrs. Yeazie, McCourt é Yeazie, contra.
BENSON, J.
The petition for rehearing in this case very earnestly attacks the conclusion in the original opinion herein, which is expressed in these words:
“Assuming that the defendant was estopped to plead the time limitation, the estoppel was removed when the plaintiff was notified that the defendant denied liability and would contest his claim, and upon receipt of such notice the plaintiff then had a…
2Cases cited12 opinions
- Killips v. Putnam Fire InsuranceWisconsin Supreme Court · 1871
- Steel v. Phenix Ins.Court of Appeals for the Ninth Circuit · 1892
- Semmes v. Hartford Insurance CompanySupreme Court of the United States · 1871
- Earnshaw v. Sun Mutual Aid SocietyCourt of Appeals of Maryland · 1888
- Galloway v. Standard Fire InsuranceWest Virginia Supreme Court · 1898
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