Angier v. Western Assurance Co.

Citations

• 10 S.D. 82
• 71 N.W. 761
• 1897 S.D. LEXIS 18

Syllabus

<p>1. Where an insurance company made no objection to the sufficiency of proofs of loss until 18 days after their receipt, and 5 days after expiration of the time in which such proofs were required to be furnished, and failed to explain such delay, any defect in such proofs was waived, under Comp. Laws, § 4178, providing that “all defects in a notice of loss,” or in preliminary proof thereof, which the insured might remedy, and which the insurer omits to specify to him,, without unnecessary delay, as grounds of objection, are waived.”</p> <p>2. Where an insurance company, having full knowledge of the origin of a fire, on calling for a more specific statement as to such origin, denied liability under its policy, it thereby waived further jjroofs of loss.</p> <p>3. The' use of kerosene oil in kindling a fire in a cook stove, on only one occasion, though a negligent act under the circumstances disclosed, did not “increase the hazard,” in the sense in which such term is used in a policy providing that “the entire policy * * * shall bo void * * * if the hazard be increased by any means within the control or knowledge of the insured.”</p> <p>4. A party who has submitted the case to the court on motion to direct a verdict in his favor cannot say that there were facts to be submitted to the jury.</p>