Lapcevic v. Lebanon Mutual Insurance

Citations

• 40 Pa. Super. 294
• 1909 Pa. Super. LEXIS 607

Syllabus

<p>Insurance — Fire insurance — Proofs of loss — Waiver—Total loss — Stock of merchandise.</p> <p>1. Formal proofs of loss are not necessary in the case of the total loss of a building insured, where the insurance company has been promptly notified of the loss and has inspected the premises; but this rule has no application to the total loss of a stock of merchandise.</p> <p>2. It would be dangerous to establish a rule in the latter case that if . the insured gave prompt notice that his entire stock of goods were burned, and the company tried to make a compromise with him which he rejected, that he would then be relieved from filing the proofs of loss required by his policy.</p> <p>3. A mere rejected offer to compromise an insurance loss is not sufficient evidence of a waiver of the proofs of loss called for in the policy.</p> <p>4. Where an insured employs an agent to negotiate for the settlement of a fire loss with the insurance companies, and such agent induces the adjusters of the companies to meet with him and the plaintiff, and an effort is made to compromise and settle, and the insured rejects the offer made by the adjusters, and nothing further occurs, the companies will not be deemed to have waived the proofs of loss stipulated for in the policies.</p>