Legal Opinion

Omaha Fire Insurance v. Dierks & White

Nebraska Supreme Court

Decided January 15, 1895No. 5853PublishedCited by 40 opinions

Error from the district court of Holt county. Tried below before Kinkaid, J. The opinion contains a statement of the case. Where the policy requires written notice of the loss to be furnished, and also requires the furnishing of proofs of loss, both are conditions precedent to the plaintiff’s right to recover. (Cornell v. Milwaukee Mutual Ins. Co., 18 Wis., 407; American Central Ins. Co. v. Hathaway, 23 Pac. Rep. [Kan.], 428; Farmers Ins.

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Error from the district court of Holt county. Tried below before Kinkaid, J. The opinion contains a statement of the case. Where the policy requires written notice of the loss to be furnished, and also requires the furnishing of proofs of loss, both are conditions precedent to the plaintiff’s right to recover. (Cornell v. Milwaukee Mutual Ins. Co., 18 Wis., 407; American Central Ins. Co. v. Hathaway, 23 Pac. Rep. [Kan.], 428; Farmers Ins. Co. v. Frick, 29 O. St., 466; Home Ins. Co. v. Lindsey, 26 O. St., 348 ; Forest City Ins. Co. v. School District, 4 Brad. [111.]/145; Blossom v. Lycoming…

1Opinion of the Court

Ragan, C.

Dierks & White brought this suit in the district court of Holt county, against the Omaha Fire Insurance Company, to recover the value of certain live stock which they alleged they owned, which had been insured against loss or damage by fire by the insurance company, and which live stock had been destroyed by fire. Dierks & White had a verdict and judgment, and the insurance company brings the case here for review.

1. The first error assigned is “irregularity in the proceedings of the court and abuse of discretion, by which the defendant was prevented from having a fair trial.” This…

2Cases cited25 opinions

  1. Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
  2. Williamsburg City Fire Insurance v. CaryIllinois Supreme Court · 1876
  3. Ætna Insurance v. MaguireIllinois Supreme Court · 1869
  4. State Insurance v. SchreckNebraska Supreme Court · 1889
  5. Harriman v. Queen Insurance Co. of LondonWisconsin Supreme Court · 1880

20 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
  2. First National Bank v. DutcherSupreme Court of Iowa · 1905
  3. Gorham v. . Insurance Co.Supreme Court of North Carolina · 1938
  4. Callahan v. PrewittNebraska Supreme Court · 1943
  5. Peele v. Provident Fund SocietyIndiana Supreme Court · 1896

35 more not listed; retrieve them via the Exa API.

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