Wednesday, December 25, 2013

Gilbert v. Globe & Rutgers Fire Insurance Co. case brief

Gilbert v. Globe & Rutgers Fire Insurance Co. case brief summary
171 P. 1161, rehearing denied 178 P. 358 (Or. 1918)

CASE SYNOPSIS
Plaintiff insured filed a petition for rehearing from a judgment of the District Court (Oregon), which ruled that the insured's right was time-barred against defendant insurer.

CASE FACTS
The insured argued that when the insurer had by its own conduct waived any of the requirements of a contract, the condition or limitation was out of the contract for all time and could not be revived.

DISCUSSION

  • The court concluded that the insured having failed to commence his action within 12 months after being notified that the insurer repudiated his claim barred the action, and the petition for a rehearing had to be denied. 
  • Such acts of the insurer as were indicated did not constitute a waiver, but a simple case of estoppel, the effect of which was to suspend the time limitation of the contract until the hour when the estoppel was removed by notice to the insured that his claim was repudiated, at which moment the contract limitation again became effective and gave the insured 12 months from that date in which to begin his action. 
  • The court denied the petition for rehearing.

CONCLUSION
The court denied the petition for rehearing.

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