Brooks v. Fidelity & Deposit Co.

MISER, C.

Respondent is the assured in a burglary insurance policy issued by appellant company. Paragraph M of the policy provides that affirmative proof of loss or damage under oath on forms provided by the company must be furnished to the company at its home office in Baltimore, Mid., within 60 days from the discovery of such loss or damage. Merchandise so- insured was stolen on January 1, 1902. No proof of loss under oath was ever given, but respondent alleged that the furnishing of same was waived by defendant as follows: Immediately after the discovery of such loss, respondent gave notice…