Opinion
Gen. No. 44,341. (Abstract of Decision.)
Opinion filed May 24, 1948 Released for publication June 8, 1948
INSURANCE, § 508 — sufficiency of evidence to take case to jury. Where complaint in action on policy covering loss by robbery alleged, and answer denied, that plaintiff had complied with all conditions required by policy, plaintiff's uncontradicted testimony that only one form, consisting of a notice and proof of loss executed by plaintiff, was received from defendant was sufficient to prove substantial compliance with terms of policy and to require submission of case to jury, and, when defendant urged upon plaintiff's motion for new trial that plaintiff's evidence did not prove compliance with terms of policy but merely that defendant had waived compliance therewith, plaintiff should have been permitted to amend complaint to meet proof (Ill. Rev. Stat. 1947, ch. 110, par. 170; Jones Ill. Stats. Ann. 104.046).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. LEROY HACKETT, Judge, presiding.
Reversed and remanded. Heard in the first division, first district, this court at the February term, 1948.
Harry George, for appellant;
Meyer Abrams, of counsel;
John E. Wilson, for appellee.
Not to be published in full. Opinion filed May 24, 1948; released for publication June 8, 1948.