Central Glass Co. v. German American Ins.

Citations

• 130 La. 18
• 57 So. 538
• 1912 La. LEXIS 786

Syllabus

<p>(Syllabus by the Court.) ’</p> <p>1. Insurance (§ 655*) — Actions on Policy— Admissibility op Evidence.</p> <p>Where misrepresentation and false swearing are set up as a defense to an action on a policy of fire insurance, the vital question being whether the percentage of profit, as shown in the proof of loss, is correct or inflated, and where, from the character of the business and the nonexistence and loss of records, the report of experts, upon which the court is to predicate its judgment, is based largely upon the estimates of the plaintiff, which defendant attacks, defendant should be allowed to show from plaintiff’s books the profits earned during the few years immediately preceding the fire in order to establish a basis 'for comparison with the profits claimed to have been earned since the taking of the last inventory.</p> <p>[Ed. Note. — For other cases,, see Insurance, Cent. Dig. §§ 1677-1685; Dec. Dig. § 655.*]</p> <p>2. Account (§ 20*) — Stating by Expert-Report.</p> <p>Where a report of expert accountants is to constitute the basis of a judgment, and, in the preparation of such report, one of the litigants is represented by an expert whom he names, the other litigant ought to be similarly represented.</p> <p>[Ed. Note. — For other cases, see Account, Cent. Dig. §§ 109-131; Dec. Dig. § 20.*]</p>