Badger v. Glens Falls Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wwmebago County. Action on a policy of insurance on liouseliolcL furniture destroyed by fire during tbe term of the policy. The contest related solely to the sufficiency of the notice and the proofs of loss furnished by defendant.
Read the full summary
APPEAL from the Circuit Court for Wwmebago County. Action on a policy of insurance on liouseliolcL furniture destroyed by fire during tbe term of the policy. The contest related solely to the sufficiency of the notice and the proofs of loss furnished by defendant. The material portions of the policy are as follows: “ Persons sustaining loss or damage by fire shall forthwith give notice in writing of said loss to the company, and within thirty days render a particular account of such loss, signed and sworn to by them, stating the time, origin, and circumstances of the fire; the title, cash…
1Opinion of the CourtLyoN, J.
Id. the case of this plaintiff against the Phoenix Insurance Company of Brooklyn (decided herewith), for a loss caused by the same fire, we hold that the full examination of the plaintiff, under oath, concerning the loss, pursuant to a stipulation in the policy, is a waiver of the formal proofs of loss required by the policy. The authorities upon which that decision is made are probably broad enough to justify an application of the same rule to the present case. Here the plaintiff and his wife were fully examined (but not under oath) concerning the loss, by the agent of the company, and a…
2Cases cited2 opinions
- Killips v. Putnam Fire InsuranceWisconsin Supreme Court · 1871
- O'Conner v. Hartford Fire InsuranceWisconsin Supreme Court · 1872
3Cited by4 opinions
- Capital City Insurance v. Caldwell Bros.Supreme Court of Alabama · 1891
- Cayon v. Dwelling House InsuranceWisconsin Supreme Court · 1887
- Walker v. German InsuranceSupreme Court of Kansas · 1893
- Wright v. C. S. Graves Land Co.Wisconsin Supreme Court · 1898