California Ins. v. Gracey
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. Mrs. Graoey, appellee, entered, into a contract of insurance "with, the California Insurance Company, appellant, covering furniture and other personal property belonging to and used by her in keeping a boarding house in the city of Denver. The building, together with the personal property insured, were afterwards destroyed by fire. Hotice of the loss was duly given to appellant, and proof thereof was attempted to be made.
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Appeal from District Court of Arapahoe County. Mrs. Graoey, appellee, entered, into a contract of insurance "with, the California Insurance Company, appellant, covering furniture and other personal property belonging to and used by her in keeping a boarding house in the city of Denver. The building, together with the personal property insured, were afterwards destroyed by fire. Hotice of the loss was duly given to appellant, and proof thereof was attempted to be made. Neither the amount claimed, nor any part thereof, was paid, and the present suit was instituted to collect the same.
1Opinion of the CourtChief Justice Helm
It is stated by counsel for appellant that the question for adjudication in this court is, Was the suit prematurely *72brought? The contract of insurance provides that the sum due, in case of loss, shall be “paid sixty days after due notice and proof of the same, made by the assured, is received at the office of this company.” By the pleadings and briefs it is admitted that in the present case the sixty days thus provided for after proof of loss did not elapse before the suit was brought.
But the amended complaint and the replication contain averments intended to show that appellant, by its…
2Cases cited5 opinions
- Ætna Insurance v. MaguireIllinois Supreme Court · 1869
- Eclectic Life Insurance v. FahrenkrugIllinois Supreme Court · 1873
- Rivara v. Queen's InsuranceMississippi Supreme Court · 1885
- Cobb v. Insurance Co. of North AmericaSupreme Court of Kansas · 1873
- Atlantic Insurance v. ManningSupreme Court of Colorado · 1877
3Cited by31 opinions
- Supreme Lodge, Knights of Honor v. DavisSupreme Court of Colorado · 1899
- Jennings v. Brotherhood Accident Co.Supreme Court of Colorado · 1908
- Preferred Accident Insurance v. FieldingSupreme Court of Colorado · 1905
- Rice v. BushSupreme Court of Colorado · 1891
- Allen v. Phoenix Assurance Co.Idaho Supreme Court · 1906
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