Legal Opinion

Swain v. Agricultural Insurance

Supreme Court of Minnesota

Decided November 7, 1887PublishedCited by 3 opinions

Appeal by defendant from an order of the district court for Washington county, Crosby, J., presiding, refusing a new trial, after a verdict for plaintiff.

1Opinion of the CourtGilfillan, C. J.

Action on a policy of insurance upon a building in Stillwater, this state. There was a clear breach on the part of the plaintiff of a condition in the policy in respect to occupancy of the building; and he did not furnish the company with proofs or statement of loss, (after the fire,) as required in the policy as a condition precedent to its liability to pay the loss; and unless he has established a waiver by it of these breaches of condition, he cannot recover. The verdict of the jury in his favor included a finding that there was such a waiver. The sufficiency of the evidence to justify…

2Cited by3 opinions

  1. Otte v. Hartford Life InsuranceSupreme Court of Minnesota · 1903
  2. First National Bank v. Manchester Fire Assurance Co.Supreme Court of Minnesota · 1896
  3. Smith v. TumanSupreme Court of Minnesota · 1962

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