Harris v. North British & Mercantile Ins.

BRYAN, Circuit Judge.

This was an action on a policy of fire insurance. The insured alleged a loss by fire that was covered by the policy, but his petition affirmatively disclosed that he had failed to make sworn proof of loss within 60 days after the fire. On motion of the insurer, judgment was entered dismissing- the petition; and the insured appeals.

The policy sued on was in the New York standard form. It contains several requirements with which the insured must comply, one of them being that “if fire occur the insured shall * * * within sixty days after the fire” make sworn proof of loss,…