Theriault v. California Insurance
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. William W. Woods, Judge. Action upon fire insurance policy.. Judgment for plaintiff.
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APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. William W. Woods, Judge. Action upon fire insurance policy.. Judgment for plaintiff. “Inasmuch as an insurance adjuster has express authority to demand proofs of loss and to participate in an adjustment, his acts frequently give rise to an implied waiver from compelling the furnishing of such proofs or proceeding to enter into the business of adjustment when the insurer has knowledge of a right to forfeit the policy.” (19 Cyc. 783; Douville v. Pacific Coast Casualty Co., 25 Ida. 396, 138 Pac. 506;…
1Opinion of the CourtMorgan, J.
— On July 25, 1913, appellant, in consideration of $45, issued and delivered to respondent its certain policy of fire insurance in the sum of $1,500, whereby it insured for a period of one year a certain building together with mining and power machinery, tools, equipment, household goods and supplies therein contained, being the property of respondent. Another policy in the sum of $1,500 was written by the Springfield Fire and Marine Insurance Company of Springfield upon the same property, and these policies were so drawn that the loss, if any occurred, would be apportioned between the…
2Cases cited16 opinions
- Hanover Fire Insurance v. GustinNebraska Supreme Court · 1894
- Germania Fire Insurance v. PitcherIndiana Supreme Court · 1902
- Rankin v. Amazon Insurance Co.California Supreme Court · 1891
- Queen of Arkansas Insurance v. LasterSupreme Court of Arkansas · 1913
- Stevens v. Citizens' Ins.Supreme Court of Iowa · 1886
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State Mut. Ins. Co. v. GreenSupreme Court of Oklahoma · 1915
- Sweaney & Smith Co. v. St. Paul Fire & Marine InsuranceIdaho Supreme Court · 1922
- Lightner v. Russell & Pugh Lumber Co.Idaho Supreme Court · 1932
- Kerby v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1928
- Stewart v. the City of Idaho FallsIdaho Supreme Court · 1940
6 more not listed; retrieve them via the Exa API.