Commercial Standard Ins. Co. v. Lewallen

The appeal is from a judgment in favor of appellee on a policy of fire insurance covering an automobile. Only one question of law is presented for our decision. It is a question of limitation. The policy had the usual provision with reference to the furnishing of proof of loss, requiring the insured to furnish same within ninety-one days from date of loss. It also contained the provision that the loss should not become payable until sixty days after proof of loss was received by the company. Within due time appellee furnished appellant the required proof of loss. By the terms of the policy…