Fantozzi v. Security Mutual Fire Insurance

At the close of plaintiff’s evidence the court dismissed the complaint. The action was brought to recover the value of plaintiff’s automobile insured against theft by defendant. The trial court granted the nonsuit because the action was not commenced within twelve months after the theft and upon the further ground that plaintiff had not furnished written verified proofs of loss within sixty days of the theft.

On the day following the theft, plaintiff telephoned the agent who issued the policy telling him of the loss. He came to her residence, asked questions about the automobile and the theft,…