Fireman's Fund Insurance v. Buckstaff
Nebraska Supreme Court
Error from the district court of Lancaster county. Tried below before Chapman, J. The clause in the policy limiting the time to six months from date of fire within which suit should be commenced is not binding under the facts disclosed by the record.
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Error from the district court of Lancaster county. Tried below before Chapman, J. The clause in the policy limiting the time to six months from date of fire within which suit should be commenced is not binding under the facts disclosed by the record. By the terms of the policy the loss was not payable until sixty days after the proofs of loss were received at Chicago, and as such proofs were not received until November 1, after the fire, the company was not bound to pay until after the expiration of the sixty days, and an action commenced before January 1 would have been prematurely brought,…
1Opinion of the CourtNohval, J.
This record presents one question not raised, nor considered in the cases of the German-American Ins. Co. v. Buckstaff, 38 Neb., 135, and Liverpool & London & Globe Ins. Co. v. Buckstaff, 38 Neb., 146, and that is, whether the action is barred by the terms of the policy. One of the stipulations in the policy is as follows:
“ 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 sustained in any court of law or chancery * * * unless such suit or action shall be commenced within…
2Cases cited3 opinions
- German Ins. v. FairbankNebraska Supreme Court · 1891
- German-American Insurance v. BuckstaffNebraska Supreme Court · 1893
- Liverpool & London & Globe Insurance v. BuckstaffNebraska Supreme Court · 1893
3Cited by8 opinions
- Fireman's Fund Insurance Co. v. Sand Lake Lounge, Inc.Alaska Supreme Court · 1973
- Sample v. London & Lancashire Fire InsuranceSupreme Court of South Carolina · 1896
- German Insurance v. DavisNebraska Supreme Court · 1894
- Messler v. Williamsburg City F. Ins. Co.Supreme Court of Rhode Island · 1920
- F & D Co. v. Aetna InsuranceSupreme Court of North Carolina · 1982
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