Vitrano v. Western Insurance

Citations

• 10 Teiss. 126
• 1913 La. App. LEXIS 17

Syllabus

<p>Syllabus.</p> <p>1. A plea of prematurity, which would he equally effective at any future time, amounts to a plea in bar, and belongs to • the merits.of the ease; to maintain such a plea in Undue, and without a full inquiry into all the circumstances would • he to deny plaintiff’s right without according him a hearing.</p> <p>2. Where an Insurance Company, after a loss, has itself acknowledged and fixed its own liability at a definite sum, which it has offered to pay, an alleged breach of the terms of the . policy subsequent tq such admission of liability, may affect the right of the assured to recover more than the amount thus admitted, but cannot affect the liability of the Insurance Company for the amount already fixed and acknowledged.</p>