Home Insurance Co. of N.Y. v. Johnson

Opinion op the Court by

Judge Rees—

Reversing.

The appellant issued a policy of fire insurance to the appellee, W. R. Johnson, on the latter’s dwelling house, stock barn, and certain personal property. The property was burned on August 5, 1926. Thereafter, appellee brought this suit on the policy and recovered a judgment for $1,900'.

The appellant did not deny any of the allegations of the petition, but in its answer set up two affirmative defenses : (1) The claim for the loss was forfeited because of the failure of the assured to furnish proofs of loss within 60 days from the fire; (2) that the…