Scottish Union & National Insurance v. Keene

Citations

• 85 Md. 263
• 37 A. 33
• 1897 Md. LEXIS 55

Syllabus

<p>Fire Insurance — Proof of Loss When Books are Destroyed — Conditions of Policy — Examination of the Assured — Signing the Examination — Evidence.</p> <p>A policy of fire insurance on certain goods provided that in the event of a loss the assured should furnish a detailed statement of the stock and materials on hand at the time of the fire, setting forth the cash value of each item thereof and the extent to which each article was damaged. The property covered by the policy was totally destroyed by fire as were also most of the books of the assured, who was consequently unable to make the precise statement called for by the policy. The books saved from the fire were the day-book, showing the amount of sales, the purchase-book showing the amount of merchandise bought for eleven months prior to the fire, and a book showing the amount paid out for manufacturing during this period. Held,</p> <p>ist. That from these books and testimony as to .the usual profit made on sales, the plaintiff (the assured) was entitled to prove the value of the goods on hand at the time of the fire, since such proof showed the amount of his loss with a reasonable degree of certainty, and was legally sufficient to enable the jury to find the amount of the loss suffered.</p> <p>2nd. That under the circumstances of the destruction of all the property and most of the plaintiff’s books, he was not required to furnish to the insurer a statement showing exactly all of the property contained in the building covered by the policy, and the cash value of each item and the amount of loss thereon.</p> <p>3rd. That if the jury should find that the plaintiff’s loss exceeded in amount the whole of the insurance upon the property described in the policy, he is entitled to recover the full amount mentioned in the policy.</p> <p>Where the assured is a manufacturer and all the stock of goods on hand as well as most of his books are destroyed by fire, the amount of the loss may be shown by proving the total valu