Britt v. Independent Fire Insurance

McMurray, Presiding Judge.

On October 9, 1985, the house of Nellie Britt was damaged extensively by a fire. The house was covered by a policy of fire insurance which was issued by Independent Fire Insurance Company. In pertinent part, the policy provided: “In case of a loss to covered property, you must see that the following are done: . . . f. send to us within 60 days after our request, your signed, sworn proof of loss. ...” The policy also provided: “Payment for loss will be made within 60 days after we receive your proof of loss. . . .”

Mrs. Britt notified the insurance company of the loss…