Scottish Union & Nat. Ins. v. Encampment Smelting Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Wyoming. This was a suit at law to recover on two policies of fire insurance executed by the insurance company, defendant below, one for §3,500, under date December 27, 1906, insuring plaintiff’s building and machinery therein in process of construction against loss by fire until June 27, 1907, the other for §2,-500, dated January 17, 1907, insuring the machinery alone against loss by fire until July 17,…
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In Error to the Circuit Court of the United States for the District of Wyoming. This was a suit at law to recover on two policies of fire insurance executed by the insurance company, defendant below, one for §3,500, under date December 27, 1906, insuring plaintiff’s building and machinery therein in process of construction against loss by fire until June 27, 1907, the other for §2,-500, dated January 17, 1907, insuring the machinery alone against loss by fire until July 17, 1907. The building and machinery were totally destroyed by fife on May 10, 1907, prior to the expiration of the…
1Opinion of the CourtAdams, Circuit Judge
(after stating the facts as above). It is not and cannot he disputed that a failure to furnish proofs of loss in cases like the present constitutes a breach of a condition precedent to recovery. Plaintiff, in its petition, instead of claiming that it had performed this condition, admitted in effect that it had not done so, and justified its failure by alleging that defendant had waived its performance. Proof of the waiver consisted of oral evidence only. It tends to show that an agent of defendant company, a Mr. Lane,, by its direction visited the scene of the fire soon after its occurrence…
2Cases cited9 opinions
- Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
- Hagan v. Scottish InsuranceSupreme Court of the United States · 1902
- Beyer v. LeFevreSupreme Court of the United States · 1902
- Modern Woodmen v. TevisCourt of Appeals for the Eighth Circuit · 1902
- Connecticut Fire Ins. v. BuchananCourt of Appeals for the Eighth Circuit · 1905
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- William H. Hendrix v. New Amsterdam Casualty Company, a CorporationCourt of Appeals for the Tenth Circuit · 1968
- Concordia Ins. Co. of Milwaukee v. School Dist. No. 98 of Payne Cty.Supreme Court of the United States · 1931
- Hartford Fire Ins. Co. v. Empire Coal Min. Co.Court of Appeals for the Eighth Circuit · 1929
- Concordia Ins. v. School Dist. No. 98 of Payne CountyCourt of Appeals for the Tenth Circuit · 1930
- Odegard v. General Casualty & Surety Co.Court of Appeals for the Eighth Circuit · 1930
5 more not listed; retrieve them via the Exa API.