Norris v. Hartford Fire Insurance

Citations

• 55 S.C. 450
• 33 S.E. 566
• 1899 S.C. LEXIS 126

Syllabus

<p>1. Insurance — Policy—Pleadings.—Forfeiture of policy by commencement of foreclosure proceedings properly pleaded.</p> <p>2. Ibid. — Ibid.—Words and Phrases — Ibid.—The stipulation in a fire insurance policy that it is to be void, “if with knowledge of insured foreclosure proceedings be commenced,” does not mean that insured must know of suit at or before commencement, but the forfeiture takes effect when the papers are served on him.</p> <p>3. Appeal. — Additional Grounds by respondent on which to sustain a demurrer cannot be entertained on appeal, because* not before Circuit Judge in writing, as required by Rule 18 of Circuit Court.</p> <p>4. Insurance — Estoppel—Premium.—When a fire insurance policy provides that when it is forfeited by reason of stipulations therein expressed, unearned premiums shall be returned upon presentation of policy for cancellation, the company is not estopped from setting up such forfeiture, because unearned premium has not been returned.</p>