The Phoenix Insurance Company of Brooklyn v. Perry
| Decision Date | 11 March 1892 |
| Docket Number | 15,1 |
| Parties | The Phoenix Insurance Company of Brooklyn v. Perry |
| Court | Indiana Supreme Court |
Petition for a Rehearing Overruled May 12, 1892.
From the Madison Circuit Court.
Judgment affirmed.
A. C Ayres, E. A. Brown and L. M. Harvey, for appellant.
M. S Robinson, J. W. Lovett and S. M. Keltner, for appellee.
The appellee brought this action against the appellant for loss sustained by reason of the burning of the buildings of the appellee which were insured by the appellant.
There was a trial by jury and a special verdict returned, and judgment upon the verdict in favor of the appellee.
Errors are assigned on the rulings of the court in overruling the appellant's motion for judgment in its favor on the verdict, and in sustaining the motion of the appellee for judgment in his favor.
The questions presented by both of these motions arise on the special verdict. It is contended by counsel for appellant that the verdict is insufficient to support a judgment in favor of the appellee, for the reason, as contended, that it does not find that proper notice and proof of loss was made, or that the appellee was the owner of the property destroyed.
The policy provides that payment will be made on receipt of proper proof of loss, at the appellant's Chicago office. Again it provides that in case of loss or damage the assured shall forthwith give notice of said loss, in writing, to the company. The complaint avers that appellee caused proper proof of loss to be made to the appellant at its Chicago office.
It is stated in the policy that the appellee is the owner of the property. The verdict finds that the policy sued upon was issued, the premiums paid, and that the buildings were destroyed and the amount of the damages. It further finds that the local agent of the appellant immediately notified the company at its Chicago office of the loss and the probable amount of damages sustained, and that the appellant sent its adjuster to estimate the said loss under said policy, and that he investigated the loss and he made an estimate of the same. It further finds that appellant failed and refused to pay the plaintiff the loss sustained by him by reason of the destruction of his said property by fire. The policy does not point out any manner of making proof of loss or by whom or how notice shall be given, except that it shall be made in writing. The...
To continue reading
Request your trial
-
Phenix Ins. Co. of Brooklyn v. Perry
... ... A. CHIPMAN, Judge.Action on a policy of fire insurance by Solomon Perry against the Phenix Insurance Company of Brooklyn, N. Y. From a judgment for ... ...