Horswill v. North Dakota Mutual Fire Insurance
North Dakota Supreme Court
Appeal from a judgment of the District Court of Hettinger County,. Honorable F. T. Lemblce, Judge. Where the plaintiff is bound by the terms of his policy in the event of a loss to furnish the insurer certain proofs of loss, but -wholly fails to do so within the time limited by the policy, or at all, he forfeits his right to a recovery under the policy unless the defendant has waived tho requirement. Johnson v. Dakota F. & M. Ins.
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Appeal from a judgment of the District Court of Hettinger County,. Honorable F. T. Lemblce, Judge. Where the plaintiff is bound by the terms of his policy in the event of a loss to furnish the insurer certain proofs of loss, but -wholly fails to do so within the time limited by the policy, or at all, he forfeits his right to a recovery under the policy unless the defendant has waived tho requirement. Johnson v. Dakota F. & M. Ins. Co. 1 N. D. 167, 45 N. W. 799. The abandonment of a house as an actual place of residence, permanently or temporarily, is a vacancy, removal, or change of occupancy…
1Opinion of the Court
Grace. J.
This action is one to recover upon a policy of fire insurance upon a dwelling house, which was totally destroyed by fire, and which prior thereto was located upon plaintiff’s farm. The policy is the standard form in use in this state. The complaint properly *603states a cause of action upon it, and the answer, in addition to a general denial, sets forth several defenses based upon certain terms of the policy, to which reference will be subsequently made.
The facts are short and simple. The policy in question was issued on the 9th day of July, 1916, in the sum of $2,000, on a certain…
2Cases cited6 opinions
- Erickson v. WiperNorth Dakota Supreme Court · 1916
- First National Bank v. LaughlinNorth Dakota Supreme Court · 1894
- Leisen v. St. Paul Fire & Marine InsuranceNorth Dakota Supreme Court · 1910
- French v. State Farmers' Mutual Hail InsuranceNorth Dakota Supreme Court · 1915
- Yusko v. Middlewest Fire InsuranceNorth Dakota Supreme Court · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Meyer v. National Fire InsuranceNorth Dakota Supreme Court · 1936
- Zuraff v. Empire Fire & Marine Insurance Co.North Dakota Supreme Court · 1977
- Miller v. Phoenix Assur. Co., Limited, of LondonNew Mexico Supreme Court · 1948
- Schock v. Ocker Insurance Corp.North Dakota Supreme Court · 1976
- Jakober v. Commercial Union Assurance Co.North Dakota Supreme Court · 1922
6 more not listed; retrieve them via the Exa API.