54 Neb. 306 | Neb. | 1898
The Omaha Fire Insurance Company has filed a petition in error here to review a judgment pronounced against it in favor of Mary E. Hildebrand by the district court of Sarpy county.
1. The insurance company had insured against loss or
2. The policy in suit provided that the loss should become due and payable sixty days after the insured had furnished the insurer proofs of loss. This suit was brought within less than sixty days after the date of the loss, and it is now insisted that the suit was prematurely brought, as at the date of the institution of the action the debt was not due. But the provision in the contract that the insured’s claim should become due sixty days after he furnished proofs of loss was a contract for credit, and since the insurer waived the proof of loss it waived the credit, and the insured’s claim
The judgment of the district court is
Affirmed.