Davis v. Northwestern Mutual Fire Ass'n

Citations

• 48 Wash. 50
• 92 P. 881
• 1907 Wash. LEXIS 853

Syllabus

<p>Insurance — Prooes oe Loss — Necessity. It is a condition precedent to an action on a fire insurance policy that proofs of loss he furnished within the time required by the policy, where the insured was not misled in any way; and a statement by an agent that he was not in a position to arbitrate, and neither admitted nor denied anything, cannot be said to mislead the insured.</p> <p>Appeal — Decision—Pleadings—-Amendment on Reversal. In an action on an insurance policy, where it appeared that the proofs of loss were not furnished in time and that defendant relied upon such fact for a defense, and no evidence of any waiver was offered, an application by plaintiffs to amend their complaint to show a waiver, made upon reversal of a judgment in their favor, comes too late.</p>