Horwitz v. United States Fidelity & Guaranty Co.

Citations

• 95 Wash. 455
• 164 P. 77
• 1917 Wash. LEXIS 836

Syllabus

<p>Insurance — Burglary Insurance — Premature Action — Policy— Waiver. A provision in a policy of burglary insurance that no suit shall be commenced until three months after the particulars of the loss have been furnished the company is only for the purpose of allowing the company to investigate the loss, and is satisfied as soon as the company reaches and announces its conclusion, after which suit may be brought within the three months.</p> <p>Same — Burglary Insurance — Sufficiency of Proofs — Waiver. The refusal to pay a loss upon a policy of burglary insurance after proofs have been furnished, without specific objection to the proofs, is a waiver of any informality or defects in the proofs.</p> <p>Same — Burglary Insurance — Policy—Keeping Accounts. A requirement in a policy of burglary insurance that the accounts of the assured be so kept that the actual loss could be accurately determined therefrom, is complied with, where the assured was doing a cash business, additions to the inventoried stock were indicated by notations on pads bound in book form showing the article and price, sales slips showed the articles sold, and the stock on hand was ascertained by checking the one with the other.</p> <p>Same. Such slips are not shown to have been faked or inaccurate from the fact that they were not shown to an adjuster, where they were kept in Yiddish by a manager, and proven translations were introduced in evidence without contradiction.</p> <p>Same — Burglary Insurance — Overvaluations—Evidence—Sufficiency. An application for burglary insurance is not shown to have overstated the value of the stock at $8,000, from the fact that it sold at a bankrupt sale at $3,500, where there was evidence that the purchaser from the trustee was paid between eight and nine thousand dollars and that it inventoried at $9,750 at current cost prices.</p> <p>Same — Burglary Insurance — Title of Assured — Evidence—Sufficiency. The assured’s ownership of a stock of goods covered by burgla