Vinkelstein v. Northwestern National Insurance

Citations

• 63 Pa. Super. 538
• 1916 Pa. Super. LEXIS 207

Syllabus

<p>Insurance — Fire insurance — Proof of loss — Time when proofs were received.</p> <p>In an action upon a policy of fire insurance 'it appeared that the company defended on the ground that the proofs of loss had not been received, “within sixty days after the fire” as required by the policy. The evidence showed that the proofs were mailed from Scranton to Milwaukee, the home office of the company, on March 4th, were registered by the post office authorities; had a special ■ delivery stamp thereon, and were put on a train leaving Scranton at 1:50 p. m., March 4th. The assistant postmaster of Scranton testified from his own experience and from the records of the post office that the mail on the train specified should have reached Chicago the next morning, and Milwaukee before three p. m. of March 5th. The defendant offered no evidence to controvert this testimony, but did place in evidence the return register receipt signed by the secretary of the company, and showing date of delivery March 6th. The secretary was not called. Held, that it was not error to leave the time of the delivery and receipt of the proofs of loss to the jury, and that a verdict and judgment for plaintiff should he sustained.</p>