Gertrude L. Brawner v. Pearl Assurance Company, Limited

Ninth Circuit

Gertrude L. Brawner v. Pearl Assurance Company, Limited

285 F.2d 120

CourtCourt of Appeals for the Ninth Circuit

DecidedJanuary 12, 1961

Docket16853_1

StatusPublished

Cited by1 cases

This text of 285 F.2d 120 (Gertrude L. Brawner v. Pearl Assurance Company, Limited) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gertrude L. Brawner v. Pearl Assurance Company, Limited, 285 F.2d 120 (9th Cir. 1961).

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Opinion

PER CURIAM.

The sole question on this appeal is; whether appellant is entitled to interest on a judgment based upon a loss claimed to fall within appellee’s fire insurance policy. There was dispute as to the value of the property insured. The trial court, passing upon conflicting evidence, awarded appellant $7,500. This was a claim, “uncertain as to amount due” until the-court’s decision was made. No interest was due her until the uncertain amount, was determined. Appellee was also liable-in the undisputed sum of $150 for loss, of rental of the premises destroyed by-fire. This figure was certain in amount at all times, and undisputed after proof of loss was made. Appellant is entitled; *121 to interest at the legal rate of $150 from .April 5, 1957 (sixty days after filing proof of loss), until payment. As so modified, the judgment is affirmed. Each •side is to bear its costs on appeal.

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PER CURIAM.

The sole question on this appeal is; whether appellant is entitled to interest on a judgment based upon a loss claimed to fall within appellee’s fire insurance policy. There was dispute as to the value of the property insured. The trial court, passing upon conflicting evidence, awarded appellant $7,500. This was a claim, “uncertain as to amount due” until the-court’s decision was made. No interest was due her until the uncertain amount, was determined. Appellee was also liable-in the undisputed sum of $150 for loss, of rental of the premises destroyed by-fire. This figure was certain in amount at all times, and undisputed after proof of loss was made. Appellant is entitled; *121 to interest at the legal rate of $150 from .April 5, 1957 (sixty days after filing proof of loss), until payment. As so modified, the judgment is affirmed. Each •side is to bear its costs on appeal.

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285 F.2d 120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gertrude-l-brawner-v-pearl-assurance-company-limited-ca9-1961.

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