Sailors v. Westchester Fire Insurance
Sailors v. Westchester Fire Insurance
Opinion of the Court
This is a suit upon a policy of
fire insurance in the sum of $1500' on tbe furniture and contents of a hotel wbicb burned, and the insured property was thereby totally destroyéd.
The policy contained a clause saying the ‘ ‘ company shall not be liable for a greater amount than three-fourths of the actual cash value of the property covered by this policy at the time of such loss.”
Some time later in the day the adjuster came to Mrs. Sailors and told her he had found out that the policy contained a three-fourths value clause and he would have to reduce the amount to be paid her to $950. She protested and refused to agree to that.
The adjuster, however, having the proof of loss in his possession, took it to Kansas City with him, and, before' sending it in to the company, he inserted in it, with a typewriter, a statement placing the sound value at $1266.67, and, erasing the amount which Mrs. Sailors had agreed to accept, placed it at $950'. As thus changed, the proof of loss was sent to the company and a draft for $950 was mailed to her which she refused to accept. Thereupon she brought this suit.
The whole question is, did plaintiff agree with the adjuster that the actual cash value of the property at the time of the fire was $1266.671 If she did, then she is entitled to recover only $9'50. If she did not,
The question whether the parties agreed in said proof of loss upon the actual cash value at the time of the fire was submitted to the jury, as was also the question whether the adjuster changed the figures therein and inserted a sum as the actual cash value with her consent, and the jury found for plaintiff.
There was ample evidence that the actual cash value was not stated in the proof of loss at the time it was signed and that it was inserted, and the amount claimed reduced to $950', after the proofs reached Kansas City. The notary who swore the plaintiff to the proof testified, as did the plaintiff, that the actual cash value was not stated therein at that time and that the amount claimed of the company was not at that time reduced to $950. 'In fact the adjuster admitted that he reduced this amount to $950 and inserted the typewritten figures after he got to Kansas City, but claims that it was done with Mrs. Sailors’ consent given after he told her of the three-fourths value clause. She denies that she consented or agreed to this, however, so the best that can be claimed in appellant’s behalf is that the evidence is conflicting as to whether the adjuster and Mrs. Sailors agreed upon the value.
If there is substantial evidence to support the jury’s finding it must be accepted. We have carefully gone through the abstracts of record filed by both sides and are fully convinced that there is sufficient evidence to amply justify the jury in its finding. According to the jury’s view the only agreement made between the adjuster and Mrs. Sailors was as to the amount to be paid her on an immediate settlement, and that, as this was agreed to, no agreement was made as to the actual cash value. Aside from the statements of the plaintiff in this regard, the inferences to be drawn
Case-law data current through December 31, 2025. Source: CourtListener bulk data.