Frost v. North British & Mercantile Insurance
Supreme Court of Vermont
Assumpsit on a policy of fire insurance. Pleas, the general issue and four special pleas in bar. Trial , by jury at the April Term, 1903, Windsor County, Munson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion fully states the case. Norton did not have authority to waive the provision in the policy requiring proof of loss. Smith v. Ins. Co., 60 Vt. 690; Powers v. Ins.
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Assumpsit on a policy of fire insurance. Pleas, the general issue and four special pleas in bar. Trial , by jury at the April Term, 1903, Windsor County, Munson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion fully states the case. Norton did not have authority to waive the provision in the policy requiring proof of loss. Smith v. Ins. Co., 60 Vt. 690; Powers v. Ins. Co., 68 Vt. 394. The company is bound by the knowledge its agents have of the facts affecting the risk. Keenan v. Mo. State Ins. Co„ 12 la. 126; Westchester Pire Ins. Co. v. Parle, 33…
1Opinion of the CourtWatson, J.
This action is general and special assumpsit upon an insurance policy to recover amount of loss by fire. The defendant pleaded the general issue and four special pleas in bar. The fourth special plea is that the plaintiff did not within sixty days after the. fire, render a proof of loss to the defendant, signed and sworn to by the plaintiff, as required by the terms of the policy. In reply thereto, the plaintiff says in short that such proof was waived by the defendant.
The policy contains provisions that within sixty days after the fire, unless such time is extended in writing by the company,…
2Cases cited21 opinions
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- Quinlan v. Providence Washington InsuranceNew York Court of Appeals · 1892
- Iowa Life Insurance v. LewisSupreme Court of the United States · 1902
- Williamsburg City Fire Insurance v. CaryIllinois Supreme Court · 1876
- Hartford Fire Insurance v. KeatingCourt of Appeals of Maryland · 1897
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3Cited by11 opinions
- Shields v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1929
- Clarke v. Travelers InsuranceSupreme Court of Vermont · 1920
- Cummings v. Conn. Gen. Life Ins. Co.Supreme Court of Vermont · 1930
- Hambleton v. U. Aja Granite Co.Supreme Court of Vermont · 1922
- Mellen v. United States Health & Accident InsuranceSupreme Court of Vermont · 1910
6 more not listed; retrieve them via the Exa API.