Copeland v. Western Assurance Co.

Citations

• 43 S.C. 26
• 20 S.E. 754
• 1895 S.C. LEXIS 120

Syllabus

<p>1. Insurance — Loss—Forfeiture.—In action to recover for loss under an insurance policy, the claim that plaintiff is debarred of his recovery by reason of his failure to comply with the requirements of the policy must be set up in the answer, and plaintiff'is not bound to show his compliance or be nonsuited; nor is a nonsuit proper if non-compliance be shown by the testimony in chief, as plaintiff may show waiver or estoppel in reply.</p>