NIAGARA FIRE INS. CO. v. POSPISIL

No. 8873.

54 F.2d 71 (1931)

NIAGARA FIRE INS. CO. v. POSPISIL.

Circuit Court of Appeals, Eighth Circuit.

December 9, 1931.


Attorney(s) appearing for the Case

L. E. Waggoner, of Sioux Falls, S. D., for appellant.

C. C. Puckett, of Tyndall, S. D. (J. L. Quinn and F. D. Wicks, both of Scotland, S. D., on the brief), for appellee.

Before KENYON and BOOTH, Circuit Judges, and OTIS, District Judge.


PER CURIAM.

In a petition for rehearing filed by appellee, the attention of this court for the first time is called to section 1447 of the South Dakota Code of 1919, which reads as follows: "Delay in the presentation to an insurer of notice or proof of loss is waived, if caused by any act of his, or if he omits to make objection promptly and specifically upon that ground."

Neither in the briefs nor in the oral argument was there any reference to this statute...

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