Rynalski v. Insurance Co. of Pennsylvania

Michigan Supreme Court
Rynalski v. Insurance Co. of Pennsylvania, 96 Mich. 395 (Mich. 1893)
55 N.W. 981; 1893 Mich. LEXIS 775
Montgomery, Other

Rynalski v. Insurance Co. of Pennsylvania

Opinion of the Court

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.

Reference

Full Case Name
Joseph Rynalski v. The Insurance Company of the State of Pennsylvania
Cited By
7 cases
Status
Published