96 Cascade Fire and Marine Ins Co v Journal Pub Co Respondents

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96 Cascade Fire and Marine Ins Co v Journal Pub Co Respondents

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title: Cascade Fire and Marine Insurance Company, Appellant, vs Journal Publishing Company, Appellee, Appellees Brief

title: 96

creator: Journal Publishing Company

contributor: Lewis

contributor: Gilman

date: 1890

publisher: Washington State Supreme Court

type: Civil

subject: Insurance

language: eng

format: application/pdf

description: Prior History: Appeal from Superior Court, King County.The facts are fully stated in the opinion.Fire Insurance – Right of Action – Conditions of Policy – Waiver – Evidence of Value – Under an insurance policy which provides that any loss incurred shall not be payable until sixty days after notice and satisfactory proof thereof, a suit brought against the insurance company before the expiration of sixty days after proof and notice is unwarranted, unless there has been an unqualified refusal on the part of the company to pay the loss.A declaration by a trustee of an insurance company, showing hostility to the payment of a certain loss under a policy of insurance, will not be regarded as the refusal of the company to pay unless he is specially charged by the board of trustees with the duty of communicating such decision to the policy holder.In an action on an insurance policy, where there is no other evidence of the value of the property destroyed by fire than the proof of loss made by the claimant, as required by the terms of the policy, the plaintiff should be non-suited.Where an insurance policy is conditioned to be void if assigned in case of sale, unless the assignment is approved by the president or secretary, the policy becomes forfeited on sale and transfer of the property without such approval, unless there is waiver thereof.Where a policy of fire insurance is made payable in case of loss to the agents of the insurance company to secure advances made by them to the insured, the consent of the agents to an assignment of such policy does not amount to a waiver of the condition as to assignment, as the agents are beneficiaries under the policy, and can not bind the company by their acts.

relation: Cascade Fire & Marine Ins. Co. v. Journal Pub. Co., 1 Wash. 452 (1890)

relation: 25 P. 331

rights: These materials are public records. Please see Washington State Court Rules: General Rules 31 for details https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_31_00_00.pdf

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