Tbe contract between plaintiff and defendant is in tbe standard form prescribed by statute. G.S. 58-177. Tbe rights and liabilities of both parties under tbe policy must be ascertained and determined in accord witb its terms.
Zibelin v. Insurance Co.,
Under tbe terms of tbe policy tbe plaintiff was required to file witb defendant proof of loss witbin sixty days after tbe fire occurred, and tbe policy provides that unless tbis proof is filed witbin tbe prescribed period
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no suit may be maintained on tbe policy.
Tatham v. Ins. Co.,
The defendant, of course, could waive the filing of proof of loss, and it is generally held that a denial of liability by the insurer, made during the period prescribed b'y the policy for the presentation of proof of loss, on grounds not relating to the proof, will be considered a waiver of the provision requiring such proof.
Gerringer v. Insurance Co.,
As the plaintiff filed no proof of loss and has failed to show waiver, he has no enforceable cause of action. Therefore the judgment below must be
Affirmed.