Clark v. Milwaukee Mechanics Insurance

Citations

• 105 Kan. 728
• 185 P. 1056
• 1919 Kan. LEXIS 166

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pire Insurance — Proofs of Loss — Inventory Made — Attem/pts at Actjustment — No Agreement — Amount of Plaintiff’s Judgment. Where a holder of fire insurance policies suffers a loss and notifies the insurance company thereof, and the company’s adjuster is sent to investigate the loss, and he with assistance of the assured makes an estimate and inventory of the property, and he and another agent of the company make repeated offers to settle with the assured on the basis of such inventory, which offers are declined by the assured, and the company demands an arbitration of the amount of the loss, the acts of the company and its agents are a waiver of more formal proofs of loss; but the assured is not bound by the amount of the loss as calculated by the adjuster; and in an action to recover on her policies, the assured is entitled to judgment for the full amount of her loss, regardless of the inventory, when the defendant knew that the plaintiff had denied its fairness from the time it was made.</p> <p>2. Same — Trial—Matters for Consideration on Appeal. No error can be based on matters not clearly brought to the attention of the trial court for its ruling thereon; nor can a trial court’s judgment be disturbed where the appellant’s substantial rights have not been prejudicially affected.</p> <p>3. Same — Assurer’s Agreement to Pay Rent Pending Adjustment of Loss. The evidence examined, and held sufficient to bind a defendant fire insurance company on its promise to pay the rent for a reasonable ■ time on a building which contained insured property partly destroyed by fire, pending an early and intended adjustment of the loss occasioned by the fire.</p> <p>4. Same — Trial—Attorney’s Fee. The allowance of an attorney’s fee and ■the amount of such allowance, in an action to recover on insurance policies for loss of property by fire, examined, and no error discerned therein.</p>