(DOWNLOAD) "A. Perley Fitch Company v. Continental" by Court of Appeals of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: A. Perley Fitch Company v. Continental
- Author : Court of Appeals of New York
- Release Date : January 21, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
It is conceded by the defendant that it has waived the policies requirements of notice of loss. However, the policies provide with reference to the conditions precedent as follows: "No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity unless all the requirements of this policy shall have been complied with.... " It is undisputed that under our law unless the plaintiffs failure to comply with the requirement of proof of loss is excused on the ground of waiver, estoppel or for some other good reason, there must be a nonsuit. Bean v. Insurance Co., 88 N.H. 416, 419; Kilgore v. Association, 78 N.H. 498, 501 ; Johnson v. Casualty Co., 73 N.H. 259. The plaintiff contends that under R. L., c. 326, dealing with fire insurance policies as construed by our court (Firemens Insurance Co. v. Houle, 96 N.H. 30, and cases cited), the failure to file a proof of loss is no bar to this suit. It is unnecessary to decide whether the provisions of this chapter can be expanded to cover the sprinkler liability policies involved here without legislative direction because the plaintiff never raised this question before the Trial Court and it is too late to do so now. Baxter &c. Co. v. Company, 98 N.H. 62, 63.