Washburn-Halligan Coffee Co. v. Merchants' Brick Mutual Fire Insurance
Supreme Court of Iowa
.Appeal from Scott District Court. — Hon. O. M. W’aterman, Judge. Action on insurance policy. Tbe issue involved three --questions.: (1) Did the company’s secretary waive proofs of loss?' (2) Did lie have authority so to do? And (3) was its policy concurrent with others? The defendant, appeal from the judgment entered against it.
1Opinion of the Court
Ladd, J.-
The property insured burned March 23r 1896, and proofs of loss were not furnished until May 25th following, — more than sixty days thereafter. As a condition-precedent to the maintenance of the action, it was incumbent upon the' plaintiff, in the absence of any waiver, to prove-that it had “given the company-or association notice in writing of such loss, accompanied by an affidavit stating the facts a.s to how the loss occurred,” so far as they were within his knowledge, and the extent of the loss, which notice must be given within sixty days from the time the loss occurred. Section…
2Cases cited29 opinions
- Cleaver v. Traders' InsuranceMichigan Supreme Court · 1887
- Wheaton v. North British and Merchantile InsuranceCalifornia Supreme Court · 1888
- Hankins v. Rockford Insurance Co.Wisconsin Supreme Court · 1887
- Rokes v. Amazon InsuranceCourt of Appeals of Maryland · 1879
- East Texas Fire Insurance v. BrownTexas Supreme Court · 1891
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3Cited by33 opinions
- Corporation of the Royal Exchange Assurance v. FranklinSupreme Court of Georgia · 1924
- Corporation of Roman Catholic Church v. Royal InsuranceSupreme Court of Louisiana · 1925
- Citizens Insurance Company of New Jersey, a Corporation v. Foxbilt, Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1955
- Van Buren County v. American Surety Co.Supreme Court of Iowa · 1908
- Perpetual Building & Loan Ass'n v. United States Fidelity & Guarantee Co.Supreme Court of Iowa · 1902
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