Webber v. Fidelity Lloyds of America

WILLSON, O. J.

(after stating the facts as above). The j udgment involves findings by the trial court that appellee did not waive the violation by appellant of the stipulation set out in the statement above in either of the ways charged against it. We agree that the finding that appellant was not entitled to predicate waiver he asserted on the “proof of loss” he made was correct, for itvwas not shown that such proof was made in compliance with a demand therefor by appellee (14 R. C. L. 1197; Woodard v. Ins. Co., 128 Wis. 1, 106 N. W. 681, 116 Am. St. Rep. 17; Ridgeway v. Modern Woodmen, 98…