Henry v. East West Ins. Co.

Full title: Mack Henry, Appellee, v. East and West Insurance company of New Haven…

Court: Appellate Court of Illinois

Date published: Feb 25, 1941

309 Ill. App. 434 (Ill. App. Ct. 1941)

32 N.E.2d 931

Opinion

Gen. No. 9,249. (Abstract of Decision.)

Opinion filed February 25, 1941. Rehearing denied April 1, 1941.

INSURANCE, § 498.2^_ — fire, sufficiency of evidence. In action on fire insurance policy, judgment on verdict for plaintiff was proper, where there was no clear proof of incendiarism, nor positive evidence of fraud or false swearing, evidence of insured as to values and amount of loss was somewhat indefinite but sufficient to sustain judgment, and evidence that agent of insurer refused to furnish proof of loss blanks and denied liability showed waiver of such condition.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Adams county; Hon. FRED G. WOLFE, presiding.

Affirmed. Heard in this court at October term, 1940.

Samuel Levin and Wilson Schmiedeskamp, for appellant;

Lancaster Nichols and G. Derk Green, for appellee.

Opinion by PRESIDING JUSTICE FULTON.

"Not to be published in full." Opinion filed February 25, 1941. Rehearing denied April 1, 1941.