Fidelity Phoenix Insurance Co. v. Vincent

Opinion of the Court by

Commissioner Sandidge

Reversing.

Appellant issued and delivered to appellee a fire in- . surance policy insuring a-frame store building, fixtures, and stock of goods against loss by fire to a total amount of $2,600. The property insured was destroyed. This action was instituted to recover the full amount of the policy. There was a judgment for insured, and insurer appeals.

The proof of loss and other relative clauses of this insurance policy are so worded that failure to furnish proof of loss does not work a forfeiture of insurer’s liability; but the furnishing of proof of…