Legal Opinion

Shapiro v. St. Paul Fire & Marine Insurance

Supreme Court of Minnesota

Decided May 22, 1895No. Nos. 8886—(28)PublishedCited by 6 opinions

Action in the district court for St. Louis county to recover $1,500 apon a policy of fire insurance. The case was tried before Lewis, J., who directed a verdict in favor of defendant. From an order denying a motion for a new trial plaintiff appealed.

1Opinion of the Court

COLLINS, J.3

It stands admitted in this case that plaintiff did not furnish proofs of loss to defendant insurance company within the 60 days prescribed in the policy, or otherwise. To excuse this failure plaintiff offered to show that after the fire had occurred, and within 60 days, the local agents who had issued the policy, in response to plaintiff’s requests for assistance in ascertaining and appraising the amount of loss, said to him that it was unnecessary for him to make out and tender formal proofs of loss, and that defendant company would send an adjuster who would adjust and settle…

2Cases cited2 opinions

  1. Bowlin v. Hekla Fire InsuranceSupreme Court of Minnesota · 1887
  2. Shapiro v. Western Home InsuranceSupreme Court of Minnesota · 1892

3Cited by6 opinions

  1. Ermentrout v. Girard Fire & Marine InsuranceSupreme Court of Minnesota · 1895
  2. Nathe Bros., Inc. v. American National Fire Insurance Co.Supreme Court of Minnesota · 2000
  3. Mason v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1901
  4. Sterling State Bank v. Virginia Surety CompanySupreme Court of Minnesota · 1969
  5. Hannah v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1899

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