Melancon v. Phœnix Ins.

Citations

• 116 La. 324
• 40 So. 718
• 1905 La. LEXIS 769

Syllabus

<p>1. Insurance—Action on Policy—Answer.</p> <p>Defendant, in an amended answer which it filed, “specially denied that plaintiff had suffered any loss or damage in the amount set forth, or in any amount for which it was responsible.”</p> <p>Its adjuster had previously written as follows in one of his letters: “So far as the buildings are concerned, we admit a total loss on them, but we will not be liable for any loss to the building now standing. We give you notice of cancellation which will take effect in five days. We do not think that the damage to the boiler and engine will in any event exceed $150.”</p> <p>Under existing conditions it would be a vain act to throw the litigants back to preliminary proceedings.</p> <p>2. Same—Evidence—Nonsuit.</p> <p>The inventory referred to in the policy was not intended by the parties to be received as “proof” of the facts therein recited on the trial of the merits of the case. It was simply one of the steps contemplated to be taken prior to the institution of a suit. It should not have been admitted as “proof” over defendant’s objection. When received, it retained its character of hearsay, and had no effect other than as hearsay and as rem ipsam.</p> <p>Plaintiff having advanced his claim as an entirety and manifesting no willingness to have it divided by accepting the admissions (pro tanto) of the defendant, the claim is presently nonsuited as a whole without prejudice.</p> <p>On Rehearing.</p> <p>3. Same—Valued Policies—Immovables.</p> <p>Section 2, Act No. 135, p. 209, of 1900, is merely complemental of section 1, and, the two sections considered together, the act must be held to relate exclusively to policies of fire insurance covering property which is immovable by nature.</p> <p>4. Same—Policies—Form.</p> <p>Section 22, Act No. 105, p. 151, of 1898, prescribing the use of fire policies conforming to the requirements of the New Vork standard form of fire insurance policy, is not in conflict with, and hence, is not repeal