Springfield F. & M. Ins. v. Brown

Citations

• 128 Pa. 392
• 18 A. 396
• 1889 Pa. LEXIS 799

Syllabus

<p>1. AVhorc a policy of insurance provides that immediate notice of a loss shall be given, but fixes no time within which the proofs of loss shall be furnished, a reasonable time is allowed therefor, and what is a reasonable time is to be ascertained from all the circumstances of the ease.*</p> <p>2. The act of June 27, 1883, P. L. 1G5, providing that the assured may furnish notice of the loss within ten days and preliminary proofs thereof within twenty days from the date of the lire, Is for the protection of the assured and does not exact the notice or proofs from him within that time.</p> <p>3. In an action on such a policy, whether the proofs were furnished ¡ira reasonable lime is to be ascertained from the evidence as to the conduct of the insurers and the assured, of their negotiations and of what passed between them respecting the loss, and the time and manner of proving it.</p> <p>i. And, in such case, where the facts and circumstances are not clearly established and the evidence as to them is conflicting, the question is for the jury, under proper instructions from the court as to the law-governing it.</p>