Gertrude L. Brawner v. Pearl Assurance Company, Limited
Opinion
The sole question on this appeal is; whether appellant is entitled to interest on a judgment based upon a loss claimed to fall within appellee’s fire insurance policy. There was dispute as to the value of the property insured. The trial court, passing upon conflicting evidence, awarded appellant $7,500. This was a claim, “uncertain as to amount due” until the-court’s decision was made. No interest was due her until the uncertain amount, was determined. Appellee was also liable-in the undisputed sum of $150 for loss, of rental of the premises destroyed by-fire. This figure was certain in amount at all times, and undisputed after proof of loss was made. Appellant is entitled; *121 to interest at the legal rate of $150 from .April 5, 1957 (sixty days after filing proof of loss), until payment. As so modified, the judgment is affirmed. Each •side is to bear its costs on appeal.
Reference
- Full Case Name
- Gertrude L. BRAWNER, Appellant, v. PEARL ASSURANCE COMPANY, Limited, Appellee
- Cited By
- 1 case
- Status
- Published