Insurance Co. of North America v. Hope

Citations

• 58 Ill. 75

Syllabus

<p>1. Insurance—loss—repairs by the company. Where a policy of insurance contains a provision that the company may, in case of loss, restore or repair the property, at their election, the company, to do so, must elect within the time specified in the policy, or the repairs will be unauthorized.</p> <p>3. Same—election to repair—when made. Where by the terms of the policy the company have the right to make such election within thirty days after notice of the loss: Held, that the election must be made, and notice thereof given to the assured within thirty days after the proofs of loss are left with the local agent, and if he fail to forward them to the home office, the assured is not affected by the negligence of the local agent.</p> <p>3. Same'—proof of loss—sufficiency not objected to. When the assured prepares, and hands to the local agent, the proofs of loss, within the proper time, and when received the agent makes a general objection to their sufficiency, but points out or specifies no particular objections: Held, that the company can not afterwards raise and insist on specific objections, but the proofs will be held sufficient.</p>