Cascade Fire & Marine Insurance v. Journal Publishing Co.

The opinion of the court was delivered by

Stiles, J.

In this case it clearly appears that proof of the loss was made July 10, 1889, and the terms of the policy were that the loss should not be payable until sixty days thereafter. The action was commenced September 6, 1889, on the fifty-eighth day after proof of loss was made. Under the letter of the policy, therefore, the suit was premature. But it was agreed by both sides, and we believe correctly, as matter of law, that under such contracts as this, as the limitation* is solely for the benefit of the insurer for the purpose of enabling him to…