8 Utah 135 | Utah | 1892
These actions were brought on policies of insurance against loss by fire, issued by the defendant companies to the plaintiff on a stock of Chinese and Japanese goods. The first two of the cases were tried together, and by stipulation of counsel the judgment in the third was^.to be the same as that in the first, the terms of the policies sued on in these two cases being substantially the same. The same stipulation between counsel has been made in this court, so that we haye only. to consider the first two of the cases, all of them being presented in one record.
At the trial in the district court a yerdict was rendered, under the direction of the court, in each case in fayor of the plaintiff for the sum of $911.73, and each of the defendants has appealed. It is stipulated by counsel that the plaintiff is entitled to recover in this court in each
It has been doubted by some courts whether the law and policy of a state fixing a period within which actions may be begun can be set aside by the agreement of the parties at the time of entering into a contract. Insurance Co. v. Dodge, 44 Mich. 420. 6 N. W. Rep. 865. But the weight of authority is that it may be done. Riddlesbarger v. Insurance Co., 7 Wall. 389; Amesbury v. Insurance Co., 6 Gray, 596; Gray v. Insurance Co., 1 Blatchf. 280. An insurance policy, however, must be construed like any other contract, and all of its provisions be considered together. It will be observed that in the first case the insured was required to give immediate notice of the loss or damage, and within 30 days make proof of the same by such proper evidence as the companies might require, and until this was done the amount of the loss was not “payable or recoverable.” If the proofs were satisfactory, the plaintiff was to receive the amount of loss or damage he had suffered within 60 days thereafter. If the proof should be unsatisfactory, no limit was fixed within which the defendants might not call for further proofs. But, even in case the proofs were satisfactory, the defendants reserved the right of reinstatement in preference to the payment of the claim, but no time was fixed within which this must be done. In case of difference as to the amount of loss or damage, either party had the right to have the matter determined by arbitrators;- but there was no limit to the time within which the arbitration should be had, and yet the policy provided that no suit or action should be maintainable until after an award had been obtained. In the second case the provisions of the policy are similar to those in the first, except that the insured was not prohibited in express terms from bringing’ an
It is inconceivable that the plaintiff intended or understood that he might, under the terms of one clause of the policy, be unable, without fault of his own, to bring an action on it, until his right of action was barred by