Weide v. Germania Ins. Co.
U.S. Circuit Court for the District of Minnesota
Action on fire insurance policy. The policy contained the usual condition as to the duty of the-assured to give notice of the fire, and to render a particular account of the loss, signed and sworn to by the assured, and to produce a certificate of a magistrate as to the loss, and his opinion as to' its bona fides.
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Action on fire insurance policy. The policy contained the usual condition as to the duty of the-assured to give notice of the fire, and to render a particular account of the loss, signed and sworn to by the assured, and to produce a certificate of a magistrate as to the loss, and his opinion as to' its bona fides. It was also provided therein that “the assured shall, if required, submit to an examination, under oath, by the company,- and produce his books of accounts, vouchers, copies of bills and invoices, and exhibit the same for examination.” The policy-also provided for an ap-praisement…
1Per curiam
(MILLER, Circuit Justice, and DILLON, Circuit Judge,
concurring). It was held:
1. Under the above provisions of the policy, that a refusal on the part of the assured, to submit to an examination on oath, or his refusal, on such an examination, to answer material questions respecting the loss, would not have the effect to cause a “forfeiture,” by the assured, of all claim under the policy, but simply to cause the “loss not to be payable.” until such examination is submitted to, or such answer given.
2. That a defence under the clause that the assured had thus refused to be examined, or thus to…
2Cited by4 opinions
- Humphrey v. National Fire Ins. Co. of HartfordTexas Commission of Appeals · 1921
- Aachen & Munich F. I. Co. v. Arabian Toilet Goods Co.Alabama Court of Appeals · 1914
- Wehle v. United States Mutual Accident Ass'nThe Superior Court of New York City · 1895
- Wehle v. United States Mut. Acc. Ass'nThe Superior Court of the City of New York and Buffalo · 1895