Engebretson v. Hekla Fire Insurance
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for La Grosse County. Action upon a policy issued by the defendant company to the plaintiff, insuring him for one year from January 18, 1881, against loss or damage by fire or lightning, to the amount of $1,000, on his stock of goods in a certain store therein described.
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APPEAL from tbe Circuit Court for La Grosse County. Action upon a policy issued by the defendant company to the plaintiff, insuring him for one year from January 18, 1881, against loss or damage by fire or lightning, to the amount of $1,000, on his stock of goods in a certain store therein described. The insured stock was destroyed by fire, July 19, 1881. The policy required the plaintiff to render to the company, at its office in Madison, within ten days after the fire, a particular statement of the loss, signed and sworn to by the assured, containing all the information he has of the origin…
1Opinion of the CourtLyon, J.
Under the terms and stipulations contained in the policy, the rendering of sworn proofs of loss to the defendant company at Madison within ten days after the insured property was burned (unless the same was waived by the company) is a condition precedent to the right of the plaintifF to recover. This proposition is not controverted by •the learned counsel for the plaintiff. That such proofs were -not so rendered is undisputed. If, therefore, the plaintiff is •entitled to recover on the policy, it is because the company have, in some manner, excused him from rendering 'such-proofs. The circuit…
2Cited by8 opinions
- Kisting v. Westchester Fire Insurance CompanyDistrict Court, W.D. Wisconsin · 1968
- Nickell v. Phoenix InsuranceSupreme Court of Missouri · 1898
- Prudential Fire Ins. Co. v. Trave-Taylor Co.Supreme Court of Oklahoma · 1944
- Hart v. Fraternal AllianceWisconsin Supreme Court · 1901
- Stevens v. Queen Insurance Co.Wisconsin Supreme Court · 1892
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