Germania Fire Ins. Co. v. Pitcher
| Decision Date | 08 April 1903 |
| Citation | 66 N.E. 1003,160 Ind. 392 |
| Parties | GERMANIA FIRE INS. CO. v. PITCHER. |
| Court | Indiana Supreme Court |
Petition for rehearing.Denied.
For former opinion, see64 N. E. 921.
Appellant has filed a petition for a rehearing in this case.In the brief of counsel in support of the motion there seems to be no serious contention that the result was wrong, but exception is taken to the following sentence in the opinion: “If the assured regards his damage as amounting to a certain sum, and will not take less, while the company refuses to give that sum, it but remains to submit the contention to the courts.”The opinion had to do with a case where it prima facie appeared that the company had thrown the assured off her guard until it was too late to comply with the condition.The court did not have before it a case of a mere division of opinion between the parties that resulted in a refusal of the company to pay the amount demanded, where there was afterwards, and within the 60 days, negotiation that put the affair so far upon its original footing...
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...40 N. W. 661; Boyd v. Cedar Rapids Ins. Co., 70 Iowa, 325, 30 N. W. 585; Germania Fire Ins. Co., v. Pitcher, 160 Ind. 392, 64 N. E. 921, 66 N. E. 1003; Siegle v. Phoenix Ins. Co., 107 Mo. App. 456, 81 S. W. 637. Color is lent to this position by the provisions of the present standard polici......
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...& Casualty Co. v. Sanders, 32 Ind. App. 448, 454, 70 N. E. 167;Germania Fire Ins. Co. v. Pitcher, 160 Ind 392, 398-402, 64 N. E. 921, 66 N. E. 1003. The paragraph was good for the same reasons that the amended paragraph was sufficient, viz.: The averment of compliance with the provisions as......
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