George H. Cox, Also Known as George M. Cox v. English-American Underwriters and the London & Lancashire Insurance Company, Ltd.

A summary judgment was granted in this case upon the motion of the defendant Insurance Company, on the ground that compliance with the conditions precedent to action had not been complete when the complaint was filed. The sole question is whether the District Court failed to try and adjudicate genuine issues of material fact in entering such a judgment.

Certain facts are established by the affidavits. Cox purchased an insurance policy from the company on his dwelling and household goods and paid the premium. Shortly thereafter, on January 25, 1953, all insured property was destroyed by fire. Cox furnished a great deal of information respecting the property and its value in the months following the fire, and filled out and executed proofs of loss. The adjustment bureau for the company demanded that Cox remedy defects by filing amendments to the proofs of loss and also demanded that Cox be examined under oath, as required by the policy. Upon consulting a lawyer, Cox refused to submit to such examination, but brought action on the policy in the state court in June. In the answer, the company set up that Cox had refused to be examined under oath, that the proof of loss was defective,…