Lagudis v. London Assurance Corp.
California Court of Appeal
APPEAL from a judgment of the Superior Court of Los Angeles County, and from an order denying a new trial. H. Z. Austin, Judge presiding. This is an action to recover on a policy of fire insurance.
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APPEAL from a judgment of the Superior Court of Los Angeles County, and from an order denying a new trial. H. Z. Austin, Judge presiding. This is an action to recover on a policy of fire insurance. The policy provided that any loss thereunder should be payable in thirty days after the amount thereof had been ascertained either by agreement or by appraisement; but if such appraisement was not had or made within sixty days after receipt by the company of the preliminary proof of loss, then the loss should be payable in ninety days after such receipt. The fire occurred on July 23, 1913. No…
1Opinion of the Court
THE COURT.
This is an appeal from the judgment and order denying the defendant’s motion for a new trial.
The facts in this case are in all essential particulars similar to the facts in the case of Borger v. Connecticut Fire Ins. Co., 24 Cal. App. 696, [142 Pac. 115], and the condition of the policy of insurance sued upon, as to the time when the loss shall become payable, is identical with the terms of the policy in that case. This action was also brought prior to the time when the loss would become payable had expired, and the contention that this action was prematurely brought stands upon the…
2Cases cited2 opinions
- Irwin v. Insurance Co. of North AmericaCalifornia Court of Appeal · 1911
- Borger v. Connecticut Fire InsuranceCalifornia Court of Appeal · 1914