Missouri Pac. Ry. Co. v. Western Assur. Co.

Citations

• 129 F. 610
• 1904 U.S. App. LEXIS 4764

Syllabus

<p>1. Insurance — Conditions—Proofs of Loss — Filing—Time.</p> <p>A condition in a fire policy requiring proofs of loss to be furnished within 60 days afforded a reasonable time to enable assúred to comply therewith.</p> <p>2. Same — Waiver.</p> <p>Where a fire policy provided that proofs of loss should be furnished within 60 days from the date of loss, and declared that an extension of such period should be evidenced by a writing attached to or indorsed on the policy, and that the insurer should not be held to have waived any forfeiture provided for in the policy, or any condition thereby imposed on insured by any proceeding on the part of the company relating to appraisal or examination of the property insured, a forfeiture for assured’s failure to furnish proofs of loss within the time required, in the absence of such written extension, was not waived by an acknowledgment of notice of loss and the commencement and continuation of negotiations for settlement without requiring proofs to be made.</p> <p>If 2. See Insurance, vol. 28, Cent. Dig. §§ 1405, 1406.</p>