Kirk v. Firemen's Ins. Co.
| Decision Date | 08 October 1929 |
| Docket Number | (No. 6508) |
| Citation | 107 W.Va. 666 |
| Court | West Virginia Supreme Court |
| Parties | M. C. Kirk v. Firemen's Insurance Company, of Newark,New Jersey, a Corporation |
1. Insurance Limitation for Suing Under Standard Fire Policy Does Not Begin to Run Until 60 Days After Proof of Loss.
The period of limitation for the institution of suit under the New York Standard fire insurance policy, providing that loss shall be payable sixty days after proof and that no action shall be maintainable unless commenced within the twelve months after the fire, does not begin to run until the accrual of the cause of action, sixty days after the proof of loss. (p. 667).
(Fire Insurance, 26 C. J. § 671 p. 1154, N. 81.)
2. Statute Legislature, in Prescribing New York Standard fire Insurance policy as Exclusive form, is Presumed to Have Adopted Previous Interpretations Thereof by Supreme Court of Appeals (Acts 1907, c. 77, Acts 1923, c. 18).
The Legislature, in prescribing the New York Standard as an exclusive form of fire insurance policy, is presumed to have adopted the previous interpretations of its provisions by this Court. (p. 667).
(Statutes, 3(5 Cyc. p. 1154, N. 81.)
Error to Circuit Court, Mingo County.
Action by M. C. Kirk against the Firemen's Insurance Company of Newark, New Jersey. Judgment for plaintiff, and defendant brings error.
Affirmed.
Vinson, Thompson, Meek & Scherr, for plaintiff in error.
J. Walter Copley and G. B. C. Wiles, for defendant in error.
This writ was awarded to a judgment in favor of the plaintiff for $1200.00 on a New York Standard fire insurance policy issued to him by the defendant.
The only defense is that the right of action is barred by limitation in the policy, providing that the loss shall be payable 60 days after proof, and that no action shall be maintainable unless commenced within twelve months next after the fire. This Court has held that the two provisions should be construed together and that when so construed the period of limitation does not begin to run until the accrual of the cause of action, 60 days after the proof of loss. Hogl v. Aachen Insurance Co., 65 W. Va. 437; Murdoch v. Franklin Insurance Co., 33 W. Va. 407. But the defendant, directing attention to the fact that these decisions were rendered prior to the enactment of chapter 77, Acts 1907 (which was amended by chapter 18, Acts 1923), prescribing the New York Standard as an exclusive form of fire insurance policy to be used in this State, argues that since the form of policy has been enacted into law, the provision requiring suit to be brought within twelve months from the fire must be given a literal interpretation. The answer to this proposition is, first, that the general principles of construction apply alike to statutes and contracts, and second, that statute...
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..."the New York Standard as an exclusive form of fire insurance policy to be used in this State," Kirk v. Firemen's Insurance Co., of Newark, N.J., 107 W.Va. 666, 668, 150 S.E. 2 (1929), we conclude that the mortgage clause in the Jones' policy is a standard mortgage clause. 6 See Meadows v. ......
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