Elberton Cotton Mills, Inc. v. Indemnity Insurance Co. of North America

The question presented by the demurrer and upon this appeal is whether, upon the facts alleged in the complaint and exhibits annexed, the failure of the plaintiff to file its itemized claim of loss within ninety days after the notice of July 15th, 1927, works a forfeiture of its right to recover. The contention of the defendant is that the provisions of the policy agreement must be construed as compelling such a result in every case where the filing of the claim is deferred beyond the ninety-day period, whatever the length of the delay or the circumstances of the case. “That such a view would…