Hanover Fire Insurance v. B. C. Lewis & Sons

Citations

• 28 Fla. 209

Syllabus

<p>Fire insurance, proofs of loss, arbitration of loss, pleading, INTEREST.</p> <p>1. Where a plea to an action brought upon a ixilicy of Are insusurance is interposed alleging- that no preliminary proofs of loss have been furnished by the assured according to the provisions of the polios’- requiring such proofs as a condition precedent to the right to sue thereon, a replication to such plea is bad that simply alleges “that proofs of loss were furnished on blank forms furnished to plaintiffs by defendant for that purpose,” without alleging that the proofs so furnished were in accoidance with the requirements of the policy; and a demurrer to such n plication should he sustained.</p> <p>2. G. and E. were partners in a general hanking business, and as such partners were ihe sole owners°of a house and the land upon which it was situated, which house they insured against loss by Are, the poliiy issued to them containing the following provision: “If the property be sold or transferred, or any change take place m the title or possession, whether by legal process or judicial decree, or voluntary transfer or conveyance, it should render the policy void,” After the issuance to them of the policy, but prior to the destruction of the property by Are, G. and E. admitted W. into their Arm as a partner, upon a verbal agreement that he was to have no interest in the properties of the former firm, hut a fixed interest only in the profits of the firm’s business generally. Held,-. That this did not give to YV. any interest in the insured property, nor work such change in the title, ownership or possession of the property as would avoid the policy under the abovo quoted provision therein.</p> <p>3. Where the insurers, after receipt of proofs of loss, in a correspondence by letter repeatedly calls upon the assured for further or more particular information as to the interest or ownership that a party named in the proofs has in the insured property and in such correspondence and otherwis