Gertrude L. Brawner v. Pearl Assurance Company, Limited

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; 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.