Ætna Insurance v. Rico

Rico had judgment on trial to the court on insurance policies for losses of certain grain stacks by fire. The company brings error and moves for supersedeas.

The policies contained a clause which required proof of loss within sixty days. The proof was never given. The plaintiff pleaded express waiver and the evidence thereof was in dispute. There were no special findings. The judgment therefore must be regarded as based on a general finding for the plaintiff, (Montrose Co. v. Greeley Bank, 78 Colo. 240, 242, 241 Pac. 527) and this requires us to presume waiver.

The defendant claims that there…