Rynalski v. Insurance Co. of Pennsylvania

Michigan Supreme Court

Rynalski v. Insurance Co. of Pennsylvania

55 N.W. 981, 96 Mich. 395, 1893 Mich. LEXIS 775

CourtMichigan Supreme Court

DecidedJuly 25, 1893

StatusPublished

Cited by7 cases

This text of 55 N.W. 981 (Rynalski v. Insurance Co. of Pennsylvania) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rynalski v. Insurance Co. of Pennsylvania, 55 N.W. 981, 96 Mich. 395, 1893 Mich. LEXIS 775 (Mich. 1893).

Pincite

Opinion

Montgomery, J.

This is ah action on a Michigan standard policy of insurance. The circuit judge directed a verdict for the defendant, on the ground that the plaintiff failed to show that proofs of loss were furnished within 60 days after the fire.

There is n'o question that proofs were furnished before suit; indeed, the defendant’s plea sets up that such proofs were furnished, and asserts as a defense that the plaintiff' was guilty of fraud and false swearing in making the proofs. The suit was instituted within the 12-months limitation fixed by the policy. The case is ruled by Steele v. Insurance Co., 93 Mich. 81.

Judgment reversed, and a new trial ordered.

The other Justices concurred.

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