143 Iowa 88 | Iowa | 1909
On October 22, 1904, defendant issued to plaintiff a policy of insurance in the sum of $1,000 upon his 'frame dwelling house located in Plainfield, Bremer County. The property insured was totally destroyed by fire on March 30, 1905. On July 12, 1905, plaintiff sent the defendant company, at its home office in Des Moines, proofs of loss duly sworn to, which defendant returned with a denial of liability. On October 2, 1905, plaintiff commenced this suit, and afterwards filed an amended and substituted petition in which he alleged that defendant waived formal proofs of loss, and is estopped from saying that it did not receive the same within the time provided by law, or that they were insufficient, either in form or substance. The defendant answered, claiming that the proofs of loss were not furnished within the time required by the policy and by law, and denied that it waived the same, or is estopped from denying the sufficiency thereof. The case on these issues, and upon some others not necessary to be noticed, resulted in judgment for plaintiff, and defendant appeals.
There can be no doubt that defendant accepted the letters coming from Bauder as communications from the assured. Defendant was advised that plaintiff was calling upon it for information as to what he should do; and, instead of insisting upon formal proofs, it was promising, both directly and indirectly, to send adjusters to investigate the same. We think the facts recited were sufficient to justify the trial court in finding a waiver of formal proofs. Harris v. Insurance Co., 85 Iowa, 238; Nicholas v. Insurance Co., 125 Iowa, 262. Ervay v. Fire Ins. Ass’n, 119 Iowa, 304, relied upon by defendant, is not in point; for in that case defendant did nothing to indicate that formal proofs of loss were dispensed with.
No prejudicial error appears, and the judgment must be, and it is, affirmed.