O'Conner v. Hartford Fire Insurance
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Fond du Lac County. Action upon a fire insurance policy. Tbe complaint contains tbe usual allegations as to tbe making and terms of tbe policy, tbe plaintiff’s title in fee to tbe premises, tbe loss, and tbe notice and proofs thereof furnished to tbe defendant company, • and its failure to perform the contract on its part.
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APPEAL from tbe Circuit Court for Fond du Lac County. Action upon a fire insurance policy. Tbe complaint contains tbe usual allegations as to tbe making and terms of tbe policy, tbe plaintiff’s title in fee to tbe premises, tbe loss, and tbe notice and proofs thereof furnished to tbe defendant company, • and its failure to perform the contract on its part. Tbe answer denies generally the allegations of the complaint, and also alleges that the plaintiff was not the owner of the land on which the insured dwelling stood, either at the time the policy was issued or at the time of the suit, hut…
1Opinion of the CourtDixon, C. J.
It is objected that tbe proofs of loss furnished to .the company were not made within proper time. Tbe fire occurred April 8th, and the proofs of loss were made (sworn to) the 13th of August after. The requirement of the policy is, that “ in case of loss, the insured shall give immediate notice thereof,” and then immediately follow the words, “and shall render to the company a particular account of said loss; under oath, stating the time, origin and circumstances of the fire,” etc. It may be considered, perhaps, questionable whether this word “immediate” applies to or qualifies anything but…
2Cases cited4 opinions
- Killips v. Putnam Fire InsuranceWisconsin Supreme Court · 1871
- Meek v. PierceWisconsin Supreme Court · 1865
- Birdsall v. DunnWisconsin Supreme Court · 1862
- Butts v. NewtonWisconsin Supreme Court · 1872
3Cited by20 opinions
- Fire Insurance Companies v. FelrathSupreme Court of Alabama · 1884
- German Fire Insurance v. GrunertIllinois Supreme Court · 1884
- Somers v. Germania National Bank of MilwaukeeWisconsin Supreme Court · 1913
- Firemen's Fund Insurance v. SimsSupreme Court of Georgia · 1902
- Evans v. Crawford County Farmers' Mutual Fire InsuranceWisconsin Supreme Court · 1906
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