Atlantic Horse Insurance v. Nero

Citations

• 108 Miss. 321
• 66 So. 780

Syllabus

<p>L Insurance. Animal insurance. Proof of loss. Waiver. Appeal and error. Disposition of appeal. Record. Payment of loss. Stipular tions. Applicability.</p> <p>Where an Insurer disclaims liability under an insurance policy, it is unnecessary for insured to furnish proof of loss.</p> <p>2. Insurance. Animal insurance. Proof of death. Waiver.</p> <p>Where the policy of insurance upon an animal, provided that proofs of loss should be made “upon and in compliance with forms issued by the company,” and the insurer was notified of the death of the animal and failed to furnish the necessary blanks for proof of loss, such failure will estop the insurer to complain of insured’s failure to furnish the proofs required by the policy.</p> <p>3. Insurance. Payment of loss. Stipulations. Applicability.</p> <p>A provision in an insurance policy on the lives of animals, that on and dating from the receipt of satisfactory proof of the death •of an animal, the insurer will pay to insured a specified sum within ninety days, applies only where the insurer agrees to pay, or is undecided as to paying, and does not apply when insurer positively refuses to pay, in which case insured may sue at once on the policy.</p>