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1939 Ins. L.J. 1 (1939)

handle is hein.journals/inslj1 and id is 1 raw text is: and return to: THE INSURANCE LAW JOURNAL ESTABLISHED 1872 Advance Digest of Full-Text Decisions currently reported In the CCH INSURANCE LAW REPORTING SERVICE Fire and Casualty 0 Negligence • Life, Health and Accident 0 Automobile No. 1 IJanuary 3, 1939 ~INTRODUCING the new INSURANCE LAW JOURNAL This is the first issue of the new Insurance Law Journal-- new in treatment, publishing plan, format and frequency of issue - - designed to bring you the latest in current insurance cases more rapidly than ever before. Each weekly issue will feature concise yet com- plete digests of the most recent insurance decisions, reported immediately in full text for insertion in the appropriate selective of the Insurance Law Reporting Service at the paragraph numbers following the digests of this Journal. FIRE AND CASUALTY Rioting.-The mere act of defacing property does not con- stitute a riot within the meaning of a riot clause in a property-insurance policy. Here the damage was done stealthily and there was no intent to resist constituted authority or to overcome the protests of the owner of the * • property. (Ill. Supreme Ct.).. 300,004. Robbery.-Plaintiff, having a policy indemnifying him against loss by robbery, reported a robbery to the insurer imme- diately after it occurred. However, it was not until eight months thereafter that he notified the insurer that the prop- . •erty had been taken while he was rendered unconscious by the administration of a drug. It was held that the plaintiff was unable to recover as, after the long delay, he was unable to prove the robbery by direct and affirmative evi- dence. (Wis. Supreme Ct.)... f300,001. Burden of Proof.-The burden of proof as to forfeiture is always upon the insurer when suit is brought on the con- tract. However, this burden shifts when the insured ad- mits non-compliance with some essential provision of the policy. (S. C. Supreme Ct.).. 300,002. Selection of Appraisers.-The Minnesota statutes provide that where there is a dispute as to the amount of loss, the issue raised may be determined by an appraisal. It is provided that the parties shall each select an appraiser within 15 days after the statement of loss has been rendered. Com- pliance with the statutes is made when the selection of an appraiser is made within the stipulated period, even though notice of the 'selection is not served to the other party within that period. (Minn. Supreme Ct.). .. 300,003. Implied Waiver.-The admission of liability under a policy, coupled with a request for proof of loss, was held to amount to a waiver by an insurer of contract provisions with which the insured had not complied. (Iowa Supreme Ct.).. 300,005. Published weekly by Commerce Clearing House, Inc., 205 West Monroe Street, Chicago, Illinois. Subscription Rates: one year, $10; with subsequent full text reports and bound volume, $25 per year, for each selective unit; single copy of weekly number, 25 cents. Entry as second-class matter applied for at the post office at Chicago, Illinois, under the Act of March 3, 1979. Copyright 1939 by Commerce Clearing House, Inc.

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