Shawnee Fire-insurance v. Knerr
Citations
- 72 Kan. 385
- 83 P. 611
- 1905 Kan. LEXIS 358
Syllabus
<p>SYLLABUS BY THE COURT.</p> <p>1. Fire-insurance — “Iron-safe” Clause — Condition Precedent. ' The “iron-safe” clause in the policy under consideration is a condition the performance of which is a prerequisite to the right of the insured to maintain an action on the policy.</p> <p>2. -Investigation of Loss — Non-waiver Agreement — Condition Not Waived. The acts of an adjuster while investigating under a non-waiver agreement the cause of a fire and the amount of loss sustained cannot be construed into a waiver by the company of its right to insist that the policy was void because of the non-compliance with the “iron-safe” clause contained therein.</p> <p>3.-Performance of Conditions — Pleading and Proof. In an action to recover on an insurance policy the plaintiff must plead and prove the performance of all conditions precedent, or a waiver by the insurer. Where performance is pleaded a general denial puts in issue the performance of all such conditions.</p>
Judges: Greene
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11 cases in this archive cite this case.
- Van Dyke v. WhiteWashington Supreme Court· 1960-02-11· cited 42×
- School District No. 1 v. McCurleySupreme Court of Kansas· 1914-04-11· cited 33×
- German American Insurance v. DarrinSupreme Court of Kansas· 1909-07-03· cited 27×
- Citizens State Bank v. Shawnee Fire InsuranceSupreme Court of Kansas· 1913-12-06· cited 27×
- Cohen v. Home Insurance Co.Superior Court of Delaware· 1918-03-08· cited 7×
- Hammond v. Niagara Fire InsuranceSupreme Court of Kansas· 1914-07-07· cited 6×
- Milwaukee Mechanics' Ins. v. CiaccioSeventh Circuit· 1930-02-25· cited 5×
- Crandon v. Home InsuranceSupreme Court of Kansas· 1917-02-10· cited 4×
- Security State Bank v. Royal Indemnity Co.Supreme Court of Kansas· 1929-01-12· cited 4×
- Sedlachek v. Home InsuranceSupreme Court of Kansas· 1935-04-06· cited 3×
- Bundy v. National Fire InsuranceSupreme Court of Kansas· 1930-06-07
Cites
4 cases in this archive are cited by this case.
- Chambers v. Northwestern Mutual Life InsuranceSupreme Court of Minnesota· 1896-05-25· cited 44×
- Queen Insurance Co. of America v. Excelsior Milling Co.Supreme Court of Kansas· 1904-04-09· cited 18×
- Union Casualty & Surety Co. v. BraggSupreme Court of Kansas· 1901-06-08· cited 15×
- Goldman v. North British Mercantile InsuranceSupreme Court of Louisiana· 1896-01-06· cited 11×
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