Clark v. London Assurance Corp.
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; Edward F. Lunsford, Judge. Action by Al. L. Clark against the London Assurance Corporation. From a judgment for plaintiff and from an order denying a new trial, defendant appeals. The contract requires that proofs shall be furnished, and that they shall be presented within sixty days after a fire.
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Appeal from Second Judicial District Court, Washoe County; Edward F. Lunsford, Judge. Action by Al. L. Clark against the London Assurance Corporation. From a judgment for plaintiff and from an order denying a new trial, defendant appeals. The contract requires that proofs shall be furnished, and that they shall be presented within sixty days after a fire. There is no more reason for making the first than the second requirement obligatory, and it will not be contended that proofs can be entirely dispensed with. This would be making a new contract for the parties, instead of 'construing or…
1Opinion of the Court
By the Court,
Coleman, J.:
This is an action to recover upon an insurance policy the sum of $1,000, damages sustained by fire. Judgment was in favor of plaintiff, from' which, and from an order denying a motion for a new trial, an appeal has been taken.
The policy,sued upon is what is known as a “New York standard policy.” It contains a provision to the-effect that in case of loss the insured shall render to the company sworn proof thereof within sixty days after the fire. The fire occurred April 8, 1918, of which the company became aware the following day. The property insured was wholly…
2Cases cited22 opinions
- Southern Fire Insurance v. KnightSupreme Court of Georgia · 1900
- Woodmen Accident Ass'n v. PrattNebraska Supreme Court · 1901
- Steele v. German InsuranceMichigan Supreme Court · 1892
- Continental Fire Insurance v. WhitakerTennessee Supreme Court · 1903
- Insurance Companies v. BoykinSupreme Court of the United States · 1871
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3Cited by9 opinions
- Elberton Cotton Mills, Inc. v. Indemnity Insurance Co. of North AmericaSupreme Court of Connecticut · 1929
- Standiford v. American Insurance CompanyCourt of Appeals of Kentucky (pre-1976) · 1925
- Arley v. Liberty Mutual Fire Insurance CompanyNevada Supreme Court · 1964
- Davenport v. Republic InsuranceNevada Supreme Court · 1981
- Engleman v. Royal Insurance Co.Nevada Supreme Court · 1935
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