Wilson v. Commercial Union Ins.

Citations

• 15 S.D. 322
• 89 N.W. 649
• 1902 S.D. LEXIS 11

Syllabus

<p>1. An answer in’ a.n action on a fire policy which admits defendant’s incorporation and the issuance of the policy, but denies any knowledge or information sufficient to enable it to form a belief whether plaintiff ever owned the insured property, and which denies all allegations in the complaint not specifically admitted, and alleges plaintiff’s failure to submit proofs of loss and a certificate showing an examination of plaintiff under oath as to the loss, as required by the policy, is sufficient to put in issue the question of the ownership of the property, its loss, and whether plaintiff furnished proofs of loss and a certificate of examination.</p> <p>2. An answer that defendant has no knowledge or information as to a certain fact alleged in the complaint, sufficient “to enable it” to form a beliet, is good, as a denial of knowledge or information, though it does not follow the language of Comp. Laws § 4914, subd. 1, which provides that the answer shall contain a denial of the facts alleged in the complaint, or of any knowledge or information thereof sufficient to form a belief.</p> <p>3. The proof by uncontradicted -evidence on behalf of the plaintiff of an issue of fact raised by the pleadings does not authorize the court to take the issue from the jury.</p> <p>4. Where the pleadings in an action on a fire policy raise the issue whether proper proofs of loss were made, the fact that proof thereof may have been waived by a plea that the value of the property destroyed has never been ascertained in the manner provided for in the policy does not authorize the court to take the issue from the jury.</p> <p>5. The right of a defendant to have all the issues of fact submitted to the jury is not waived by his motion to direct a verdict, unless the plaintiff also asks a directed verdict.</p> <p>6. The failure to request instructions does not relieve the court from the duty of instructing on all the issues ,and an exception to an instruction limiting the jury to cer