Rodenhouse v. American Casualty Co. of Pennsylvania

Judgment unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: In this action to recover for loss under a fire insurance policy the defendant-respondent interposed the defense of failure to comply with the proof of loss requirements and to sue within one year, pursuant to contractual provisions. Plaintiff-appellant sought recovery on the theory that the conduct of defendant’s agent estopped defendant from relying on the contract limitations. The policy was issued through the Paul Goverts Insurance Company, alleged agent…