Tilley v. Connecticut Fire Ins.

Citations

• 86 Va. 811
• 11 S.E. 120
• 1890 Va. LEXIS 46

Syllabus

<p>1. Fire insurance—Insurable interest—Plaintiff.—Any person having an interest in property insured, though no party to the policy, may' institute and maintain an action in his. own name to extent of loss occasioned him by its destruction. Code, section 2415.</p> <p>2. Idem—Declaration—Award.—In action on policy it is sufficient that declaration refer to policy and allege, in general terms, the performance of all its conditions and the violation of none of its prohibitions; and it is not necessary that it allege that there had been an award, though policy provides that no suit be sustainable until after an award. Code, section 3251.</p> <p>3. Idem—Award waived,.—Where action was brought just before the year ended within which policy required it to be brought, and declaration alleged the loss exceeded the insurance, and no demand for an award by defendant was alleged, held, the provision for an award was waived.</p>