Beasley v. Pacific Indemnity Co.

In this action upon a fire insurance policy, defendants’ motion for nonsuit was granted. Plaintiffs appeal from the ensuing judgment of dismissal.

The policy required filing of sworn proof of loss within 60 days after the loss, and also required that the insured, when required by the insurer, submit to an examination under oath and produce “all books of account, bills, invoices and other vouchers, or certified copies thereof if originals be lost.” It is conceded that these requirements, if not waived by the insurer, are conditions precedent to an action on the policy. Nonsuit was granted upon…