Citations
- 55 Ill. App. 622
Full opinion text
Mr. Justice Boggs
delivered the opinion of the Court.
This case was before us at a former term. We then reversed a judgment against the insurance company, for rea. sons given in the opinion found in 49 App., page 33, and remanded the case. This is an appeal from a second judgment against the appellant company. Reversal is asked upon three grounds: 1. That proofs of loss were not forwarded to the company within the time stipulated in the policy. 2. That the court erred in giving instructions five and six, in behalf of the appellee. 3. That appellee did not have such title to the property as the policy required. The policy provided that the insured should give immediate notice in writing of a loss by fire, and within thirty days after such loss, should render a statement to the company, signed and sworn to by the insured, stating the knowledge of the insured as to the time, origin and circumstances of the fire; the interest of the insured in the property destroyed or damaged by fire; the cash value thereof; the amount of loss thereon ; all incumbrance, if any; other in. surance, if any; changes in title, etc., if any; how occupied, etc.; to which should be annexed a certificate of the nearest magistrate, to the loss, and his opinion whether the insured had sustained his loss honestly, etc. The property insured —a barn—was burned October 8,1890. The appellee notified the appellant company in writing on the next day after the fire, and asked that an adjuster be sent to adjust the loss. The company, by letter dated October 24th, acknowledged receipt of such notice, and advised the appellee that' its special agent would visit the scene of the fire for the purpose of ascertaining the extent of the damage-,