Cruikshank v. St. Paul Fire & Marine Insurance
Supreme Court of Minnesota
Action in tbe district court for Wilkin county to recover $1,500 upon an insurance policy. Tbe cause was tried before C. L. Brown, J., and a jury, wbicb rendered a verdict for $766.25 in favor of plaintiff. From an order denying a motion to enter judgment for defendant notwithstanding tbe verdict for plaintiff, defendant appealed.
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Action in tbe district court for Wilkin county to recover $1,500 upon an insurance policy. Tbe cause was tried before C. L. Brown, J., and a jury, wbicb rendered a verdict for $766.25 in favor of plaintiff. From an order denying a motion to enter judgment for defendant notwithstanding tbe verdict for plaintiff, defendant appealed. It is settled that where a policy requires notice of loss to be given to tbe insurer within a specified time, such notice is a condition precedent to tbe right of action on tbe policy. Ermentrout v. Girard Fire & Marine Ins. Go., 63 Minn. 305; Bowlin v. Hekla Fire…
1Opinion of the CourtMitchell, J.
This was an action to recover upon a “hail insurance policy,” one provision of which was that,
“In case of loss by hail to the crops insured, the assured shall mail a written notice to the company at its office in the city of St. Paul, Minn., within forty-eight hours after the time of such loss, stating the day and hour of the storm, also the probable damage to each part of the crops insured.”
So far as material for the purposes of this appeal, the defense was that the insured had not given notice of loss in accordance with this provision of the policy.
The policy contained a warranty that the…
2Cited by70 opinions
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- Northwestern Marble & Tile Co. v. WilliamsSupreme Court of Minnesota · 1915
- Fischer v. SperlSupreme Court of Minnesota · 1905
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