Pennell v. Lamar Insurance

Citations

• 73 Ill. 303

Syllabus

<p>1. Practice—exceptions to master's report. Where a claim is allowed by a master in chancery in a cause referred to him to take proof of claims, the proper practice is to except to the allowance before the master, and if this is not done the parties objecting can not be heard on exception to the master’s report in the circuit court.</p> <p>3. Creditor’s bill—enures to benefit of all who prove claims, whether made parties or not. Where a creditor’s bill is filed against an insurance company by a creditor, for himself, and for the use of other creditors, for the discover)' of assets, and the entire fund is taken possession of by the court and held for the benefit of all the creditors, and an order is made for all creditors to present and prove their claims before the master, all creditors may present their claims and participate in the fund, whether they are named as parties in the bill or not, or whether judgment, specialty or simple contract creditors.</p> <p>3. Such a bill is in substance a suit by all the creditors, and if brought within the time limited by a policy for the institution of a suit for any loss under it, obviates the necessity of a suit at law by the policyholder upon his policy, and he will be permitted to prove his loss before the master in chancery, although at the time of making such proof he is not specifically named in the bill as a party, and the time limited by the policy for bringing a suit thereon may have elapsed.</p> <p>4. Ihsubance—proof of loss—when failwre to malte, is caused by agent of company. A fire insurance policy required the holder to give notice, in writing, to the company or its agent, forthwith, of any loss, and as soon after as practicable to deliver a particular account of the loss or damage, signed by the holder' and verified by his oath. A fire occurred, and the policyholder forthwith gave notice to the agent of the company, in writing, and applied to him within a reasonable time to have a formal statement made out as