64 Ind. App. 251 | Ind. Ct. App. | 1917
Appellee brought this, action against appellant to recover on a fire insurance policy issued by appellant to appellee on a barn and its contents. On July'27, 1912, while the policy was in force, the property insured was destroyed by fire. A trial resulted in ■a verdict for. appellee for $275. Judgment was rendered on the verdict. The transcript contains a complaint and also an amended complaint. The former neither in its entirety nor in substance is set out in
We proceed to determine the sufficiency of the evidence : The policy contained the following provisions:
“In case of loss, the insured shall within 15 days give this company a written notice thereof at the office of the western branch department of this Company at Chicago, Illinois, and within 60 days thereafter shall render to such office under oath a particular and detailed statement and proofs of the actual cash value at the time of the loss of any property or article on which loss or damage is claimed ...... and unless such proofs are furnished within 60 days after the fire as above required .... the loss shall not be payable.”,
• It results that the judgment must be reversed. Other questions presented- are not considered or decided. Judgment reversed, with instructions to the court below to sustain the motion for a new trial.'
Note. — Reported in 115 N. E. 697. Insurance: waiver as to proof of loss, 9 Am. St. 236, 19 Cyc 857, 861, 938, 953; waiver of a condition in a policy by insurer’s knowledge of existing facts, 18 Ann. Cas. 686.