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>