Knickerbocker Insurance v. Gould

Citations

• 80 Ill. 388

Syllabus

<p>1. Insurance—policy construed as to notice to be given. Where a clause in a policy of insurance requires the assured, in case oí loss, to “ give immediate notice thereof in writing,” and “ render to the company a particular account of said loss, in writing,” and the policy further provides that payment shall be made in sixty days after due notice and proofs of the loss, a liberal construction should be given to the words used, and it will be held to require notice and proofs to be given within a reasonable time after the loss.</p> <p>2. Same—what is reasonable time to give notice. Where a loss occurred on the 8th or 9th of October, and notice and proof of loss were given on Nov. 13th following, it appearing that the office of the insurance company was also destroyed, so that the assured did not know where to find its officers, and the conflagration was so general as to suspend all business transactions, and the assured held many other policies under which he sustained losses, it was held, that the court could not say the delay, under the circumstances, was unreasonable.</p> <p>3. Pleading—defects, how reached. If a declaration is considered defective, the proper practice is to demur to the same, instead of moving to exclude the evidence in the case.</p> <p>4. Insurance—evidence of value of property destroyed. The proofs of loss furnished an insurance company are admissible in evidence, in an action upon a policy of insurance, to show that such proofs were made and delivered as required by the terms of the policy, but not for the purpose of proving the extent of the loss to the jury—that must be shown by other evidence.</p> <p>5. Same—diligence in giving notice a question of fact. Where there is no dispute as to the facts of the case, it is a question of law whether due diligence has been used in giving notice of a loss; but where the facts in regard to diligence are disputed, it is a question of fact for the jury, and it is proper to submit to the jury whether, u