Legal Opinion

Edgerly v. Farmers' Insurance

Supreme Court of Iowa

Decided June 11, 1878PublishedCited by 2 opinions

Appeal from Linn District Court. Action upon a policy of insurance against damage by lightning. The defendant claims that the damage in • question was not caused by lightning, but by a tornado. As to what the cause of the damage was the evidence is such as to leave the question in great doubt. But the company sets up other defenses.

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Appeal from Linn District Court. Action upon a policy of insurance against damage by lightning. The defendant claims that the damage in • question was not caused by lightning, but by a tornado. As to what the cause of the damage was the evidence is such as to leave the question in great doubt. But the company sets up other defenses. One of the conditions of the policy is that in ease of loss the assured shall, within thirty days, deliver at the office of the company in Cedar Eapids a particular account of the loss, signed and sworn to by the assured. This condition of the policy was not.…

1Opinion of the CourtAdams, J.

1. INSURance:waiyer. of preliminary §ence: 6vi' I. If nothing but the notice of loss had been delivered to Bennett, and he had been asked if it was sufficient, and in reply he said that it was, that could not be considered as a waiver of preliminary proof. Desilver v. State Mut. Ins. Co., 38 Penn. St., 130. Bennett, in such ease, might well have supposed that the plaintiff intended to deliver some other paper as preliminary proof, andmnly claimed for the paper delivered that it was a notice of loss. But something besides the notice was delivered, and that something was evidently. *647enough an…

2Cited by2 opinions

  1. Stevens v. Citizens' Ins.Supreme Court of Iowa · 1886
  2. Lundvick v. Westchester Fire InsuranceSupreme Court of Iowa · 1905

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