William Zoller Co. v. Hartford Fire Insurance

Citations

• 272 Pa. 386
• 116 A. 359
• 1922 Pa. LEXIS 835

Syllabus

<p>Insurance — Live stoch insurance — Loss of hogs by carrier— Proofs 'of loss — Waiver—.Evidence — Btochyard boohs — Best evidence — Identification of handwriting — Bill of lading — Acceptance of limited bill of lading.</p> <p>1. In an action on a policy of live stock insurance, there is sufficient evidence of waiver of proofs of loss, where it appears defendant had actual notice of the damage to the shipment of the animals insured within the time required for filing proofs of loss, and that thereafter defendant’s authorized agent wrote a letter to plaintiff on the subject without therein denying liability on the ground that formal proofs of loss had not been furnished, but denying liability on other grounds.</p> <p>2. If an insured, in good faith and within the time stipulated, does what he plainly intends as a compliance with the requirements of the policy as to proofs of loss, good faith equally requires that the company shall promptly notify him of their objections.</p> <p>3. As the law always seeks the best evidence, so, when new and more certain methods of ascertainment and proof arise, the law, moving forward with and accommodating itself to the trade customs of the age it is serving, will make use of those means, which trade itself has developed, as an aid to certainty in recording transactions as they occur.</p> <p>4. In an action against an insurance company to recover for loss of live stock, books of a stockyard association are admissible for the purpose of showing the condition of the animals when received at the yard, as such books are, under modem conditions, although contrary to the earlier rule, the best evidence.</p> <p>5. If, in such case the entries were made by a clerk beyond the jurisdiction of the court, his handwriting may be identified by the traffic manager of the association.</p> <p>6. Where live stock policies provide for “clear” bills of lading, and the insured accepts bills on which are stamped the words “accepted subject to delay on ac