LOUGHLIN ET AL.
v.
FIREMEN'S INS. CO. OF WASHINGTON AND GEORGETOWN
PROCTOR, Circuit Judge.
This appeal is from a judgment for defendant (appellee) in a suit on a fire insurance policy. At conclusion of all evidence the trial court directed a verdict for the insurance carrier upon several grounds, including the undisputed fact that assured (appellant) failed to comply with the demand of the carrier, made agreeably to terms of the policy, to submit to examination under oath and produce certain records. Uncontradicted evidence leaves no doubt that the requirement of the policy was knowingly and intentionally violated without reasonable justification or excuse, notwithstanding another valid provision which made compliance a condition precedent to suit. Cf. Roberto v. Hartford Fire Ins. Co., 7 Cir., 1949, 177 F. 2d 811; American Macaroni Mfg. Co. v. Niagara Fire Ins. Co., 5 Cir., 1947, 164 F. 2d 878; Gipps Brewing Corp. v. Central-Mfrs’. Mut. Ins. Co., 7 Cir., 1945, 147 F. 2d 6; Merchant’s Ins. Co. v. Lilgeomont, 5 Cir., 1936, 84 F. 2d 685. In our opinion the verdict was properly directed upon this ground. We need not deal with other grounds upon which the court acted.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Roberto v. Hartford Fire Ins. Co., 177 F.2d 811 (7th Cir. 1949)
- Gipps Brewing Corp. v. Cent. Mfrs'. Mut. Ins. Co., 147 F.2d 6 (7th Cir. 1945)
- Am. MacAroni MFG. Co. v. Niagara Fire Ins. Co. of N.Y., 164 F.2d 878 (5th Cir. 1947)
- Miller v. First Serv. Corp., 84 F.2d 685 (8th Cir. 1936)
- Merchs. Ins. Co. v. Lilgeomont, Inc., 84 F.2d 685 (5th Cir. 1936)