West Rockingham Mutual Fire Ins. v. Sheets & Co.

Citations

• 26 Va. 854
• 26 Gratt. 854

Syllabus

<p>In an action on a policy of insurance on buildings, if tbe declaration is framed as authorized by the statute, Code of 1873, ch. 36, § 44, it ought regularly perhaps to notice the fact, that the policy or a sworn copy of it is filed with it.</p> <p>2. But when it does not so appear that the policy was filed with the declaration, yet if the parties proceed in the case without its being called for by the defendant, and it is obvious that the defendant knew what it was without calling for it, the objection that it was not filed with the declaration cannot be taken for the first time in the appellate court, though there was a demurrer to the declaration.</p> <p>3. S & Co. have a policy of insurance against fire on buildings in a company of which R is president. The buildings are burned; and two days after the fire S writes to R describing the fire, and stating the loss, and then referring to what it will be necessary to be done by the company, and expressing himself as wishing to comply strictly with the rules and regulations of the company. Upon the receipt of this letter by R the company proceed to act upon it. The letter having been intended by S as the notice required by the policy, and the company having acted upon it as such, the fact that it was not signed by S & Co., or addressed to R as president of the company, or to the company, as required by its rules, will be considered as waived, and the letter is competent evidence of notice.</p> <p>4. If the evidence shows that the preliminary proofs, required by a policy of insurance, have been waived by the company, the insured is entitled to recover, though no such proofs were in fact taken.</p> <p>5. Where, when an insurance company is informed of a fire by the insured, and the company not saying anything about the preliminary proofs, proceed to enquire whether the insurance is valid upon a specific ground independent of these proofs, and decide that upon this specific ground the insurance is not valid; this is a