Legal Opinion
Daniel v. Fireman's Fund Ins.
Court of Appeals for the Fifth Circuit
Decided February 13, 1931No. 5874PublishedCited by 6 opinions
1Opinion of the Court
FOSTER, Circuit Judge.
This is a suit by appellants to recover on a policy of fire insurance covering furniture and household effects to the extent of $5,000. Demurrers to the declaration and various pleas of the defendant were sustained and the suit was dismissed. The issues raised by the pleadings are these:
Defendant relies upon a clause of the policy requiring sworn proof of loss to be presented within 60 days after the fire unless waived in writing, which condition was not performed.
Plaintiff sets up waiver by conduct and alleges inter alia, in substance, the following facts: That the fire…
2Cases cited14 opinions
- Sweaney & Smith Co. v. St. Paul Fire & Marine InsuranceIdaho Supreme Court · 1922
- Twin City Fire Ins. v. Stockmen's Nat. Bank of Ft. BentonCourt of Appeals for the Ninth Circuit · 1919
- Continental Ins. Co. of City of New York v. FortnerCourt of Appeals for the Sixth Circuit · 1928
- Firemen's Ins. Co. v. BrooksCourt of Appeals for the Sixth Circuit · 1929
- Home Ins. Co. v. HightowerCourt of Appeals for the Fifth Circuit · 1927
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Home Ins. Co. of New York v. Sullivan MacHinery Co.Court of Appeals for the Tenth Circuit · 1933
- Balogh v. Jewelers Mutual Insurance Co.District Court, S.D. Florida · 1958
- Penn Mut. Life Ins. v. TiltonCourt of Appeals for the Tenth Circuit · 1936
- American Ins. Co. Of Newark, N. J. v. BursonCourt of Appeals for the Fifth Circuit · 1954
- General Motors Acceptance Corp. v. American Ins.Court of Appeals for the Fifth Circuit · 1931
1 more not listed; retrieve them via the Exa API.