Doyle v. Phœnix Insurance

Citations

• 44 Cal. 264
• 1872 Cal. LEXIS 192

Syllabus

<p>Allegation of Law in Pleading.—In an action to recover money alleged to be due on a contract, an allegation, that the sum sued for is now due, Is a mere conclusion of law.</p> <p>Complaint on Policy of Insurance.—In an action on an insurance policy, by the terms of which the loss is to bo estimated, and paid sixty days after due notice and proof of the same made by the assured, an allegation in the complaint, that the plaintiff performed all the conditions on his part in the policy to be performed, and gave the defendant due notice and proof of the fire and loss, and demanded payment, does not show that sixty days had elapsed after proof and notice before bringing suit, and the complaint does not state a cause of action.</p> <p>Policy ob Insurance.—When a policy of insurance provides that the loss shall be estimated when it accrues, and be paid sixty days after due notice and proof of the same made by the assured, the company is not bound to pay until sixty days after such notice and proof.</p>