Van Allen v. Farmers' Joint-Stock Insurance
New York Supreme Court
Motion by defendant for a new trial on exceptions ordered to be beard at tbe General Term, in tbe first instance. Tbe action was brought upon a policy of insurance against loss by fire.
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Motion by defendant for a new trial on exceptions ordered to be beard at tbe General Term, in tbe first instance. Tbe action was brought upon a policy of insurance against loss by fire. Certain conditions were annexed to tbe policy and made a part of tbe contract, one of wbicb was in tbe following words: “ All persons insured by tbis company and sustaining loss or damage by fire, sball forthwith give tbe company notice thereof in writing, and within twenty days after tbe loss, sball deliver a particular account of such loss, signed and'sworn to by them,” etc. Tbe policy contained tbis…
1Opinion of the Court
Smtth, J.:
The policy required written notice of the loss to be given forthwith, but it is 'evident from the testimony of Willetts, the agent of the company, and of Lawrence, the secretary, that the verbal notice of loss given by the plaintiff to Willetts the day after the fire, and by him communicated to the home office, was treated by the company as a sufficient compliance with that requirement of the policy.
A graver, and really the only, question in the case is, whether the defendant waived the condition requiring proofs of loss to be furnished within twenty days. But I am inclined to think…
2Cases cited5 opinions
- Barnes v. . PerineNew York Court of Appeals · 1854
- Ames v. . N.Y. Union Ins. Co.New York Court of Appeals · 1856
- Goit v. National Protection InsuranceNew York Supreme Court · 1855
- Bumstead v. . the Dividend Mutual Insurance Co.New York Court of Appeals · 1854
- Whitwell v. Putnam Fire InsuranceNew York Supreme Court · 1872