Scottish Union & National Insurance v. Clancy

Citations

• 71 Tex. 5
• 8 S.W. 630
• 1888 Tex. LEXIS 1091

Syllabus

<p>1. Insurance.—Where by the terms of a policy of insurance it is stipulated as a condition precedent to a right of action by the insured that the amount of damage in ease of injury or destruction by fire shall be appraised on demand of either party to the contract of insurance, and that the report of such appraisement, under oath, should be made a part of the proofs of loss and furnished to the insurer, no action can be maintained if the insured, on demand made for such appraisement, refuses to comply therewith, there being no fraud, accident or mistake.</p> <p>2. Same.—When the policy stipulates that such appraisement shall be made a part of the proofs of loss, and that the loss shall not be payable until after such proofs are furnished, the appraisement and proofs of loss are conditions precedent to the right to recover on the policy.</p> <p>3. Same—Waiver.—An acceptance by the local agent of the insurer, of the inventory of lost goods without objection, bis inspection and partial adjustment of the loss, and his offer to pay a sum certain in satisfaction of the claim for damage, will not constitute a waiver of the proof of loss required by the policy, if such agent at the time notified the insured, that he expected and required the proofs of loss stipulated for by the contract.</p>