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eBook details

• Title: Gary T. anderson v. State Farm Fire and
• Author : Supreme Court Of Utah
• Release Date : January 03, 1978
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

WILKINS, Justice: Plaintiff was insured under a policy of insurance issued by defendant company against loss as a result of theft. A burglary occurred at plaintiffs residence on April 2, 1974, while said policy of insurance was in effect, and plaintiff claims that he lost personal property having a replacement value of $4,390.40. After a trial on the issues, the District Court for Salt Lake County, sitting without a jury, granted defendants motion for dismissal of plaintiffs complaint, and entered judgment against plaintiff and in favor of defendant on the ground that plaintiff had failed to follow the procedure for claims of loss as outlined in the policy of insurance; viz., that he had not filed with the defendant a formal sworn "proof of loss" within sixty days of the loss, nor had he filed a complaint against the company within one year of the loss. Plaintiff appeals.

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