Aurora Fire & Marine Insurance v. Kranich
Michigan Supreme Court
Error to Superior Court of Detroit. cited: Campbell v. Charter Oak Ins. Co., 10 Allen. 213; FF. Y. Centml Ins. Co. v. Watson, 23 Mich., 486; Security Ins.
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Error to Superior Court of Detroit. cited: Campbell v. Charter Oak Ins. Co., 10 Allen. 213; FF. Y. Centml Ins. Co. v. Watson, 23 Mich., 486; Security Ins. Co. v. Fay, 22 Mich., 467. He argued that the failure to furnish proofs of loss within the time prescribed, and the violation of the provision as to the property becoming vacant or unoccupied, were complete defenses unless there had been a waiver by conduct which had misled plaintifl to her prejudice. 1. There was no evidence of waiver of the condition as to occupation of the insured premises. It is immaterial whether the agent knew the…
1Opinion of the Court
MARSTON, J:
Defendant in error brought her action to recover a loss under a policy of insurance issued and delivered by plaintiff in error, April 13, 1873, and renewed annually thereafter, the last renewal being April 12, 1875, which continued the policy in force one year from that date. The two principal *292facts relied upon as a defense were, first, a failure to furnish proofs of loss according to the terms of the policy, and second, that at the time of the loss, August 12, 1875, the buildings insured were vacant and unoccupied. The provisions of the policy applicable to these defenses were as…
2Cases cited1 opinion
- Hibernia Insurance v. O'ConnorMichigan Supreme Court · 1874
3Cited by33 opinions
- J.C. Wyckoff & Associates, Inc. v. Standard Fire InsuranceCourt of Appeals for the Sixth Circuit · 1991
- Omaha Fire Insurance v. Dierks & WhiteNebraska Supreme Court · 1895
- Gordon v. St. Paul Fire & Marine InsuranceMichigan Supreme Court · 1917
- Stinchcombe v. New York Life Ins.Oregon Supreme Court · 1905
- Fire Insurance Companies v. FelrathSupreme Court of Alabama · 1884
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