Illinois Mutual Fire Insurance v. Archdeacon

Citations

• 82 Ill. 236

Syllabus

<p>1. Insurance—effect of adjustment of loss. An adjustment of a loss made and entered in writing on a policjr of insurance by the insurance company, with a full knowledge of all the circumstances, like other cases of admissions, has the effect to relieve the assured from proving his loss in detail, and to enable him to recover the adjusted amount without further proof.</p> <p>2. Same—amount of adjustment can be recovered under common counts. Where a loss has been adjusted between an insurance company and a policyholder, and the amount found due the assured on account of his loss indorsed on the policy, the law implies a promise on the part of the company to pay the amount of the adjustment, and it can be recovered under the common count upon an account stated.</p> <p>3. Same—recovery on adjustment not affected by limitation in the policy. In such a case, the suit is upon the new promise, and not upon the policy, and is not affected by any clause in the policy limiting the time within which a suit thereon may be brought.</p>