Daniels

A judgment was entered against Hartford Fire Insurance Company and in favor of Daniels by the district court for damages, and Hartford appeals.

A water pipe burst and caused damage to a residence. Suit was brought by the owner against the Hartford Company on the basis of an insurance policy issued to the owner by the company. The action was defended upon the ground that the evidence did not support the plaintiffs’ theory that the pipe burst because of internal pressure, but the court found otherwise and the point is not pressed upon appeal.

•The point upon which it is claimed that a reversal of the judgment should be granted is well expressed by the following quotation from Hartford’s opening brief:

The Honorable Ben Harrison, District Judge, prepared and filed a memorandum opinion 110 F.Supp. 548, 549 , and, since we are in full accord therewith, we adopt, as our own, that portion of it which deals with the waiver issue:

“The principles of law involved in these opposing contentions are not in dispute. Both parties concede that a delay in the presentation to the insurer of notice and proofs of loss as required by the policy may be waived if the delay is caused by any -conduct…