Phœnix Insurance v. Perkey

Citations

• 92 Ill. 164

Syllabus

<p>1. Pleading—declaration upon policy of insurance. In a suit upon a policy of insurance, the policy was set out in the declaration in hcec verba, in which it was stated the plaintiff was insured against loss or damage by fire to the amount of $1800, “ as follows: $600 on his one story frame shingle roof building occupied by the assured as a saddlery and harness store, $1100 on his stock of saddles and harness, and $100 on his harness maker’s tools, all contained therein.” The declaration then contained this averment: “The plaintiff avers that after the time of the making of the policy, and from thence until the happening of the loss and damage hereinafter mentioned, he had an interest in the said property to the amount of the said sum so by the defendant insured thereon as aforesaid,—and the plaintiff further avers that on the 19th day of April, 1876, the said property was consumed and totally destroyed by fire.” It was held this was a sufficient averment of the separate value of each class of property which was destroyed, when taken in connection with the policy which was set out.</p> <p>2. The declaration averred that the policy was issued on the 6th of December, 1875, for one year, and that the loss occurred on the 19th day of April, 1876. This was held to be a sufficient averment that the loss occurred during the time the policy was in force.</p> <p>3. It was objected to the declaration that the notice and proofs of loss, as averred, did not disclose whether there was any other insurance on the property ; but the declaration did aver, in express terms, that there was no other insurance on the property, and this obviated the necessity of a statement in the proof of loss of what other insurance had been made on the property.</p> <p>4. In a declaration upon a policy which requires the certificate of loss shall be made by a notary public, etc., who is not interested in the loss, it is not necessary to aver that the notary who took the proofs of loss was not intere