National Fire Ins. Co. v. Frees

Ohio Court of Appeals

National Fire Ins. Co. v. Frees

2 Ohio Law. Abs. 444, 1923 Ohio Misc. LEXIS 1853

CourtOhio Court of Appeals

DecidedApril 2, 1923

DocketNo. 1306

StatusPublished

Cited by1 cases

This text of 2 Ohio Law. Abs. 444 (National Fire Ins. Co. v. Frees) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

National Fire Ins. Co. v. Frees, 2 Ohio Law. Abs. 444, 1923 Ohio Misc. LEXIS 1853 (Ohio Ct. App. 1923).

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Opinion

KINKADE, J.

Epitomized Opinion

Published Only in Ohio Law Abstract

Mary Frees brought an action to recover damages arising by reason of the theft of an automobile covered by a policy issued by The National Fire Insurance Co. In her petition she alleged that she had complied with all the conditions except the provision which required her to file with the Insurance Company a verified proof of loss to which the claim had been waived. The policy of insurance was for $4500, and the value of the car was averred to be $500. The policy provided that if the sworn statement of loss was not filed within GO days, the policy would become null and void. No evidence was offered that the adjuster had authority to modify the terms of the policies. A verdict was rendered for the plaintiff. The defendant company prosecuted error. In reversing the judgment of the lower court, the Court of Appeals held:

1. As there was no evidence of any waiver by the Company itself of any provisions of the policy and no evidence that it ‘authorized any agent to waive any such provisions, the insurance company was not liable for the loss sustained, as the plaintiff did not perform the conditions required by the .policy.

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KINKADE, J.

Epitomized Opinion

Published Only in Ohio Law Abstract

Mary Frees brought an action to recover damages arising by reason of the theft of an automobile covered by a policy issued by The National Fire Insurance Co. In her petition she alleged that she had complied with all the conditions except the provision which required her to file with the Insurance Company a verified proof of loss to which the claim had been waived. The policy of insurance was for $4500, and the value of the car was averred to be $500. The policy provided that if the sworn statement of loss was not filed within GO days, the policy would become null and void. No evidence was offered that the adjuster had authority to modify the terms of the policies. A verdict was rendered for the plaintiff. The defendant company prosecuted error. In reversing the judgment of the lower court, the Court of Appeals held:

1. As there was no evidence of any waiver by the Company itself of any provisions of the policy and no evidence that it ‘authorized any agent to waive any such provisions, the insurance company was not liable for the loss sustained, as the plaintiff did not perform the conditions required by the .policy.

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Bluebook (online)

2 Ohio Law. Abs. 444, 1923 Ohio Misc. LEXIS 1853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-fire-ins-co-v-frees-ohioctapp-1923.

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