Pierce v. Globe & Rutgers Fire Insurance

Citations

• 107 Wash. 501
• 182 P. 586
• 1919 Wash. LEXIS 787

Syllabus

<p>Insurance (132,188)—Proofs of Loss—Questions foe Jury. The failure of the insured, without reasonable cause, to appear for examination under oath, as required by a fire insurance policy, is a question for the jury, where it appears that, before the ’time appointed, he was arrested for arson at the instance of a representative of the company and committed to jail and was unable to obtain his release on bail until two or three days after the day set, and no further demand and no attempt was made to examine him while in jail.</p> <p>Same (132)—Statements of Loss—Peace foe Examination. The proper place for an examination of the insured is where the loss occurred, and the company has no right to demand that it take place elsewhere.</p> <p>Same (120)—Risks—Value of Property. Where buildings are totally destroyed by fire, any recovery must he for the amount stated in the policy, under Rem. Code, § 6059-105%, providing that the same shall be conclusive as to the. value.</p> <p>Same (189)—Value of Property Destroyed—Instructions. An instruction relating to the amount of the recovery for buildings totally destroyed, to the effect that the jury shall not consider the evidence at all as to the value of the building, unless the buildings were destroyed because of criminal fault of the insured, is not misleading, where other instructions fully advised the jury that false swearing even as to the value of the buildings would defeat recovery under the policy.</p>