McCormack v. North British Insurance
California Supreme Court
Appeal from a judgment of the Superior Court of Yolo County. The facts are stated in the opinion of the court.
1Opinion of the CourtWorks, J.
Action upon a fire insurance policy. Trial by the court. Motion for nonsuit on the ground, among others, that there was a failure to prove a compliance with the conditions of the policy relative to the making of the preliminary proofs of loss subsequent to the fire, and that the action was prematurely commenced, in that it had been commenced before proofs of loss were made.
The court below granted the nonsuit, and the plaintiff appeals.
The policy contained the usual condition as to the making of preliminary proof of loss, and provided that the amount to be paid under the policy should be paid…
2Cases cited1 opinion
- Doyle v. Phœnix InsuranceCalifornia Supreme Court · 1872
3Cited by12 opinions
- Long Creek Building Ass'n v. State InsuranceOregon Supreme Court · 1896
- Cudahy Packing Co. v. Munson S. S. LineCourt of Appeals for the Second Circuit · 1927
- Grant v. Sun Indemnity Co. of New YorkCalifornia Supreme Court · 1938
- Western Home Insurance v. ThorpSupreme Court of Kansas · 1892
- Commercial Union Assur. Co., Limited v. ShultsSupreme Court of Oklahoma · 1913
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