Saint Paul Fire & Marine Insurance v. Owens

Citations

• 69 Kan. 602
• 77 P. 544
• 1904 Kan. LEXIS 301

Syllabus

<p>SYLLABUS' BY THE COURT.</p> <p>1. Insurance Policy—Failure to Mahe Proof of Loss in Time Not a Forfeiture. Unless an insurance policy in express terms provides for a forfeiture in case proof of loss be not made within sixty days after the fire, a forfeiture will not be declared by the court.</p> <p>2. -Negligence Must he Wilful and Fraudulent. Negligence of the assured sufficient to defeat a recovery on an insurance policy must be wilful, and of such degree as to amount to fraud.</p>