Phoenix Insurance v. Lebcher
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action on an insurance policy to recover for the loss, by fire, of the house insured by the policy, situated in Miles City, Montana.
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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action on an insurance policy to recover for the loss, by fire, of the house insured by the policy, situated in Miles City, Montana. The policy was dated January 29,1884, the fire occurred February 11, 1884, and this suit was not commenced until August 25,1885. The policy contains the following provision: Condition B. It is furthermore hereby expressly provided and mutually agreed, that no suit or action against this company, for the recovery of any claim by virtue of this policy, shall be…
1Opinion of the CourtMoran, J.
The clause in the policy sued on which limited the time for bringing suit thereon to within twelve months next after the date of the fire from which the loss occurs, is a valid and binding agreement between the parties, and furnishes a legitimate defense to the company where suit is not brought within the time limited, unless it appears that the company has waived the limitation or has estopped itself from asserting such defense by holding out reasonable hopes of an adjustment and settlementwithout suit, sufficient to actuallydeter the claimant from bringing suit until after the expiration of…
2Cases cited3 opinions
- Peoria Marine & Fire Insurance v. WhitehillIllinois Supreme Court · 1861
- Blanks v. Hibernia InsuranceSupreme Court of Louisiana · 1884
- McFarland & Steele v. Peabody Insurance Co.West Virginia Supreme Court · 1873
3Cited by7 opinions
- Salloum Foods & Liquor, Inc. v. Parliament InsuranceAppellate Court of Illinois · 1979
- Ray v. Missouri, Kansas & Texas Railway Co.Supreme Court of Kansas · 1915
- Allemania Fire Insurance v. PeckAppellate Court of Illinois · 1889
- Stephens v. Phœnix Assurance Co.Appellate Court of Illinois · 1899
- Baker v. BakerAppellate Court of Illinois · 1911
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