Kutschenreuter v. Providence Washington Insurance
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaidtee county: E. 0. Esci-iweiler, Circuit Judge. Plaintiff sued on an insurance policy which provided for payment of any loss only after a sworn statement of the loss furnished to the company by the assured within sixty days after tbe loss, and further that failure to render such statement should render the claim void.
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Appeal from an order of the circuit court for Milwaidtee county: E. 0. Esci-iweiler, Circuit Judge. Plaintiff sued on an insurance policy which provided for payment of any loss only after a sworn statement of the loss furnished to the company by the assured within sixty days after tbe loss, and further that failure to render such statement should render the claim void. The complaint, after fully setting forth the issuance of the policy and the loss, alleged the giving of notice of the loss, but not the sworn statement, and further alleged in substance that the company, through its agents,…
1Opinion of the Court
WiNSlow, O. J.
It is held in this case:
1. Under an insurance policy requiring the furnishing pf a Sworn statement by the assured as a condition precedent to the payment of loss, an absolute denial of liability by the company within the time limited for the furnishing of the statement renders that act unnecessary. McBride v. Republic F. Ins. Co. 30 Wis. 562; Lingelbach v. Theresa Village Mut. F. Ins. Co. 154 Wis. 595, 143 N. W. 688.
2. An additional clause in such a policy making the claim void in case the sworn statement is not furnished adds nothing substantial to the policy so fax as the…
2Cases cited2 opinions
- McBride v. Republic Fire Ins.Wisconsin Supreme Court · 1872
- Lingelbach v. Theresa Village Mutual Fire InsuranceWisconsin Supreme Court · 1913
3Cited by3 opinions
- Jahns & Knuth Co. v. American Indemnity Co.Wisconsin Supreme Court · 1924
- Schlintz v. Equitable Life Assurance Society of the United StatesWisconsin Supreme Court · 1937
- Menting v. Germania Fire InsuranceWisconsin Supreme Court · 1919