Hartford Fire Insurance v. Redding

Citations

• 47 Fla. 228

Syllabus

<p>1. Chapter 4173, act approved June 3, 1893, which authorizes the recovery of attorneys’ fees in certain cases against insurance companies is constitutional.</p> <p>2. The attorneys’ fees provided for by chap. 4173, act approved June 3, 1893, may under the second section of that act be recovered in the same suit and included in the same judgment as the amount due upon the policy of insurance.</p> <p>3. Chapter 4173, act approved June 3, 1893, which authorizes the recovery of attorneys’ fees in certain cases against insurance companies, was not repealed by chapter 4677, act approved May 31, 1899.</p> <p>4. Chapter 4677, act approved May 31, 1899, does not deprive the insurer of the right to plead that the fire was caused by the criminal conduct of the insured, or that the insurable value thereby required to be fixed and written in the policy was procured to be so fixed by fraud on the part of the assured.</p> <p>5. Chapter 4677, act approved May 31, 1899, is not repugnant to the constitution of this State nor to that of the United States.</p> <p>6. Leave to amend a pleading may be granted during a term of court without notice to the opposite party of the application therefor, even though the cause has been submitted upon demurrer by brief at such term.</p> <p>7. Where an amendment o,f the declaration is permitted, pending the hearing of a demurrer thereto, the court should permit the defendant to plead or demur to the amended declaration, and it will be error for the court to apply the demurrer on file to the amended declaration, without defendant’s consent.</p> <p>8. Errors without injury are not ground for reversal.</p> <p>9. The requirements in the standard insurance policy that the insured shall give notice of loss and make proofs of loss, are conditions precedent to the right to sue, but a failure to give the notice or to make the proofs- within the time stipulated will not invalidate the policy or work a forfeiture of the rights of the insured in the ■•absenc