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[Download] "Krause v. Insurance Co. of North America" by Supreme Court of Montana ~ Book PDF Kindle ePub Free

Krause v. Insurance Co. of North America

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eBook details

  • Title: Krause v. Insurance Co. of North America
  • Author : Supreme Court of Montana
  • Release Date : January 11, 1925
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 66 KB

Description

Fire Insurance ? Notice and Proof of Loss ? Waiver ? Pleading ? Notice of Appeal ? Sufficiency ? Estoppel. Appeal ? Notice ? Sufficiency ? Estoppel. 1. Where counsel for the successful party served notice on his adversary that judgment had been entered in his favor on a certain day, and the latter relying on the information stated in his notice of appeal that judgment had been entered on that day, the former was estopped from moving for a dismissal of the appeal on the ground that the notice did not properly describe the judgment, which had in fact been entered on a different day. Same ? Notice ? When Sufficient. 2. A notice of appeal is sufficient if upon its face the adverse party is given enough information to enable him to know what is required of him in order to protect his rights, and therefore a notice giving the correct title of court and cause, the date of entry as furnished to appellant by respondent, the correct amount of judgment and costs, signed by the attorney for the appellant, was in substantial compliance with the statute and proof against a motion to dismiss for insufficiency. Fire Insurance ? Notice or Proof of Loss ? Waiver ? Pleading. 3. Under section 8145, Revised Codes of 1921, where suit on a fire insurance policy is commenced within time, delay in the presentation of notice or proof of loss is waived if caused by the act of the insurer, or if he omits to make prompt and specific objection on that ground; but to entitle the insured to take advantage of this provision he must plead the waiver.


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