St. Landry Wholesale Mercantile Co. v. Teutonia Ins.

Citations

• 113 La. 1053
• 37 So. 967
• 1905 La. LEXIS 809

Syllabus

<p>INSURANCE — PROOFS OF LOSS — WAIVER—FINDING OF FACT — PAROL EVIDENCE-INVENTORY.</p> <p>1.A denial of liability is a waiver of proofs of loss, and whether there was such a denial is a question of fact to be determined primarily by the trial judge, who sat without a jury. The judge found that the preponderance of the evidence showed such denial of liability by the adjuster of defendant on the alleged ground of a violation of the provisions of the “iron-safe clause,” relative to keeping the inventory of stock locked in a fireproof safe, etc. Such a finding of fact, where the evidence is conflicting, will not be disturbed unless clearly erroneous.</p> <p>2. Parol evidence is admissible for the purpose of showing waiver of proofs of loss, although the policy provides that all waivers of any of its conditions must be in writing.</p> <p>3. An adjuster may waive proofs of loss either directly, or by denial of liability, or refusal to pay on other grounds.</p> <p>4. A rough inventory, taken in pencil and on tablet paper, subject to revision and correction, and afterwards to be copied in ink in a bound book, according to custom, is not the “complete” inventory contemplated by the “iron-safe clause” to be kept in a fireproof safe or other place of security, especially when the assured was not in default as to the taking of the inventory, and the insurance company, could not have complained if no attempt whatever had been made to take an inventory before the fire.</p> <p>(Syllabus by the Court.)</p>