Benninger v. Phoenix Insurance
Cases that cite this one
2 later published cases cite this decision.
- Hilton v. Federal Insurance (Cal. Ct. App. 1931)
- Estrada v. Queen Insurance Co. (Cal. Ct. App. 1930)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The question of the ownership by plaintiff of the property was submitted to the jury, and there was evidence to sustain the findings. The question as to the waiver by defendant of formal “ proofs ” of loss was also submitted to the jury, and there was evidence to sustain a finding of said waiver.
The instruction No. 1, asked by defendant, was too broad. Assuming the law and facts to be as therein suggested, it would not have followed that defendant would have been entitled to a verdict as to the whole demand.
Judgment and order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.