Northern Insurance v. National Union Fire Insurance

This is an action to recover upon an insurance policy for a loss by fire suffered by plaintiff’s assignor. Judgment was rendered in favor of plaintiff and it is from that judgment that the defendant appeals.

The amended complaint alleges that the policy was the California standard form fire insurance policy, that the fire occurred on July 26, 1914, and that proofs of loss were presented to the- appellant on August 8th. It is then alleged,

11 That the defendant., did disclaim any liability whatsoever under its said policy for and on account of the loss incurred” by respondent’s assignor. It is also alleged that respondent’s assignor demanded payment from appellant of the amount stated to be due from it and that appellant failed and refused to pay. The action was commenced September 23, 1914.

The appellant objects that, the amended complaint does not state facts sufficient to constitute a cause of action, for the reason that the litigation was prematurely commenced. The California standard form fire insurance policy provides (Stats. 1909, p. 408; Deering’s Gen. Laws, Act 1670, p. 630) : “This company shall be deemed to have assented to the amount of the loss claimed by the…