Swan v. Liverpool, London & Globe Insurance

Citations

• 52 Miss. 704

Syllabus

<p>1. ItfSTTRAtreE: Loss by fire. Instructions to the ¡jury.</p> <p>Our courts possess the power to instruct the jury to find, as in case of nonsuit,, that plaintiff’s evidence did not conduce to prove any cause of action, and they ought to find for defendant, etc.; yet such power should not be exercised except in- cases where there is no room for doubt. Such charges are like-demurrers to evidence, and they should not be sustained if the evidence taken as wholly true proves, or fairly tends to prove, the case by any or all of the.conclusions properly and legally deducible therefrom.</p> <p>2. Sams : Sams : Agent. Proof of loss.</p> <p>Where a loss occurs by lire, and the preliminary proof of loss is made by the-agent of the insured, the insurance company cannot question his authority as such agent if it be shown that the same person, in his capacity as such agent,, had effected the insurance, paid the premium, received the policy, and in every manner been recognized by the company as such agent; nor can the insurer object, for the first time, on the trial to any defect in the preliminary proof' of loss. Such objections must be made within a reasonable time after reception of the proof, and an opportunity given the insured to amend.</p> <p>3. Same: Notice and proof of loss. Reasonable time.</p> <p>Where the policy of insurance contains a condition that in case of loss the- “ preliminary proof of loss ” shall he made within a “reasonable time,” the reasonableness of the time must depend upon the facts in each particular case. What is or is not a reasonable time is a mixed question of law and fact, to be submitted to the jury under proper instructions from the court.</p>