Rynalski v. Insurance Co. of State of Pa.

• Decision Date: 25 July 1893
• Court: Michigan Supreme Court
• Parties: RYNALSKI v. INSURANCE CO. OF STATE OF PENNSYLVANIA.

55 N.W. 981

96 Mich. 395

RYNALSKI v. INSURANCE CO. OF STATE OF PENNSYLVANIA.

Supreme Court of Michigan

July 25, 1893

Error to circuit court, Bay county; George P. Cobb, Judge.

Action by John Rynalski against the Insurance Company of the State of Pennsylvania on a policy of insurance. From a judgment for defendant, entered upon a verdict directed by the court, plaintiff brings error. Reversed.

Lindner, Porter & Haffey, (James Van Kleeck, of counsel,) for appellant.

Simonson, Gillett & Courtright, for appellee.

MONTGOMERY, J.

This is an action on a Michigan standard policy of insurance. The circuit judge directed a verdict for the defendant, on the ground that the plaintiff failed to show that proofs of loss were furnished within 60 days after the fire. There is no question that proofs were furnished before suit; indeed, the defendant's plea sets up that such proofs were furnished, and asserts as a defense that the plaintiff was guilty of fraud and false swearing in making the proofs. The suit was instituted within the 12-months limitation fixed by the policy. The case is ruled by Steele v. Insurance Co., 93 Mich. 81, 53 N.W. 517. Judgment reversed, and a new trial ordered. The other justices concurred.