Property Insurance: Comprising Fire And Marine Insurance, Corporate Surety ...

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Property Insurance: Comprising Fire And Marine Insurance, Corporate Surety ...
S S Solomon Stephen Huebner
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Proofs of loss are necessary to enable the company to determine the extent of the loss, and to ascertain whether the insured complied with the terms of the policy. Yet there are many circum- stances which the courts have accepted as sufficient to excuse the policy-holder from submitting the proofs of loss in the form or within the time required by the policy. Nor do the courts regard proofs of loss, although sworn to, aa conclu- digitized by VjOOQ I' _ PROVISIONS WHICH APPLY AFTER A LOSS 187 si...ve against the insured. If the insured is acting in good faith, and desires to show that the real value of the property destroyed exceeds* the amount stated in the proofs, he may recover upon the higher valuation (see Lebanon Mutual In- surance Co. vs, Kepler, 106 Pa., 28).
Certificate of a Notary Public as Part of the Proofs of Loss. — That portion of the clause which provides that the insured shall furnish as part of his probfs of loss, a certifi- cate from a magistrate or notary public that he believes the claim to be honest, has always been regarded as valid and obligatory.


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