Barbour v. St. Paul Fire & Marine Insurance

Citations

• 101 Wash. 46
• 171 P. 1030

Syllabus

<p>Insurance—Fire Policies — Examination Under Oath—Signing. An appearance before a notary and submitting to an examination under oath is a substantial compliance with the provision of an insurance policy requiring the insured to submit to examination under oath and subscribe the same, although the original copy of the examination was not signed.</p> <p>Same — Actions — “Sustainable” — Condition Precedent—Compliance With Conditions. A policy of insurance providing that no action shall be “sustainable” until after full compliance with all its requirements does not require full compliance before the action is commenced, but is satisfied by compliance at the time of trial.</p> <p>Same—Policy—Cancellation—Evidence—Sufficiency. The evidence is insufficient to show the cancellation of a fire insurance policy by mutual consent where the company required that a receipt be signed before the policy was cancelled, and although the insured intended to cancel the policy, she refused to sign the receipt when tendered, and nothing further was done until after the loss.</p>