Adelman v. St. Louis Fire and Marine Insurance Company
Decision Date | 22 June 1961 |
Docket Number | No. 15916.,15916. |
Citation | 293 F.2d 869,110 US App. DC 392 |
Parties | Albert L. ADELMAN and Eleanor Adelman, Appellants, v. ST. LOUIS FIRE AND MARINE INSURANCE COMPANY, Appellee. |
Court | U.S. Court of Appeals — District of Columbia Circuit |
Mr. Mark P. Friedlander, Washington, D. C., with whom Messrs. Charles Walker, Mark P. Friedlander, Jr., and Blaine P. Friedlander, Washington, D. C., were on the brief for appellants.
Mr. Cary M. Euwer, Washington, D. C., with whom Messrs. T. Howard Duckett and Richard W. Galiher, Washington, D. C., were on the brief, for appellee.
Before Mr. Justice BURTON, retired,* and WASHINGTON and BASTIAN, Circuit Judges.
This is a fire insurance case, in which several defenses were raised against claims made by plaintiffs-appellants for losses due to partial destruction of a house and its contents. The District Court, after a trial without a jury, held that appellants were barred because they had failed to file written proof of loss within sixty days as required by the policy. Judgment was entered for defendant-appellee, and this appeal followed.
We are constrained to affirm. The requirement of filing formal proof of loss within sixty days is printed in bold face type in the policy, and the evidence is conclusive that the policy itself had been in the possession of appellants. It is true that appellants submitted an informal proof of loss. But this does not of itself bring about a waiver of the requirement for substantial compliance with the proof of loss provision in the policy. Glenco Corp. v. American Equitable Assurance Co., 1961, 110 U.S.App.D. C. 158, 289 F.2d 899. Here the adjuster knew of the occurrence of the fire, and reported it to the appellee. But the trial court concluded that the evidence did not show These conclusions appear...
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Mdb Communications, Inc. v. Hartford Cas. Ins. Co.
...to abide by provisions in the policy requiring cooperation with insurer's investigation); see also Adelman v. St. Louis Fire and Marine Ins. Co., 293 F.2d 869, 869-70 (D.C.Cir.1961) (affirming grant of summary judgment for insurance company where insured had failed to file formal, rather th......
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