American Central Insurance v. Rothchild

Citations

• 82 Ill. 166

Syllabus

<p>1. Insurance—construction of provisions of policy. Where a policy of insurance provides that, in case of loss, the assured shall produce the certificate of an officer nearest to the place of the fire, etc., and there are several officers in the same immediate neighborhood, the certificate of any one of them will be a sufficient compliance with the requirement of the policy, and a distance of a few yards more or less from the scene of the fire, will not be regarded as a matter of any importance.</p> <p>2. Same—wJiat property is covered by policy on stock of goods. A policy of insurance upon a stock of goods to be sold and replenished, covers as well the additions made from time to time after the insurance was effected as those on hand when the polio)' wras issued.</p> <p>3. Instructions. Where, in a suit upon a policy of insurance, the policy is set out according to its legal effect, and the performance of every material fact necessary to enable the plaintiff1 to recover is specifically averred, it is not improper for the court to instruct the jury that, if the facts alleged in the declaration have been proved, the plaintiff is entitled to recover, unless defendant has established, by a preponderance of the evidence, some one or more of the special defenses pleaded.</p>