Lawrence v. Northwestern National Insurance

Appellate Court of Illinois

Lawrence v. Northwestern National Insurance

197 Ill. App. 449

Appellate Court of Illinois·Decided January 11, 1916·No. Gen. No. 20,877·Published

Opinion

Mr. Justice McGoorty

delivered the opinion of the court.

2. Fraud, § 87*—when not presumed. Fraud is never presumed. 3. Fraud, § 89*—when burden of.proof upon party alleging fraud. The burden of establishing fraud is upon the party alleging it. ' 4. Insurance, § 633*—when evidence insufficient to establish fraudulent overvaluation. In an action on a fire insurance policy on a building, evidence held insufficient to establish fraud in making an overvaluation in the proofs of loss.

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Mr. Justice McGoorty

delivered the opinion of the court.

2. Fraud, § 87*—when not presumed. Fraud is never presumed. 3. Fraud, § 89*—when burden of.proof upon party alleging fraud. The burden of establishing fraud is upon the party alleging it. ' 4. Insurance, § 633*—when evidence insufficient to establish fraudulent overvaluation. In an action on a fire insurance policy on a building, evidence held insufficient to establish fraud in making an overvaluation in the proofs of loss.

Lawrence v. Northwestern National Insurance, 197 Ill. App. 449 (Ill. Ct. App. 1916).

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