American Mutual Fire Insurance v. Green

OxneR, Justice.

The question presented by this appeal is whether the insurer waived, or is estopped to assert, noncompliance by the insured with a policy provision requiring the filing of written proof of loss “within sixty days after the loss.”

On January 6, 1956, appellant, American Mutual Fire Insurance Company, insured against loss or damage by fire or lightning, to the extent of $10,000.00, a building located near the town of Kingstree, Williamsburg County, owned by respondent and used as an undertaking establishment. The Company further insured the contents of said building to the extent…