Lancashire Ins. Co. of Manchester v. Barnard

Citations

• 111 F. 702
• 49 C.C.A. 559
• 1901 U.S. App. LEXIS 4420

Syllabus

<p>1. Insurance—Adjuster—Authority of.</p> <p>An adjuster sent out by insurance companies to determine the amount of and settle an alleged loss is authorized to exercise their option to pay the damages or to reconstruct or repair the building injured.</p> <p>2. Same—Option to Rebuild—When Exercised.</p> <p>The option to pay the damages for an alleged loss or to rebuild the injured structure secured in policies of insurance may be exercised by the companies at any time after the loss and before the expiration of the time prescribed for its 'exercise in the policies.</p> <p>3. Same—Plans and Specifications—Request for When Too Late.</p> <p>A request by an insurance company for plans and specifications of a burned building after it lias exercised its option not to rebuild, and after the amount of the loss has been fixed by the award of appraisers, is too late, and the failure of the insured to grant it is no defense to an action on the policy.</p> <p>4. Same—Facts and Decision.</p> <p>An insured building was burned November 26, 1896. The preliminary proofs were delivered December 20, IS96. The adjuster of the companies notified the insured on January 5, 1807, that they would not rebuild. The award of the appraisers under the policy fixing the amount of the loss was published June 5, 1897. On June 18, 1897, the companies requested plans and specifications of the burned building. Held, the demand came too late, a compliance with it would have been useless, and the refusal of the insured to grant it constituted no defense to actions upon the policies and the award.</p> <p>5. Contracts and Remedies Governed by Law of State Where Former are Made and Latter are Administered.</p> <p>Matters relating to the execution and validity of contracts are governed by the law of tlie place where they are made; matters relating to remedies by the law of the place where suit is brought. A policy of insurance covering property in Illinois made and delivered in Nebraska, and upon which acti