AMERICAN MUTUAL FIRE INS. CO. v. GREEN

17483

233 S.C. 588 (1958)

106 S.E.2d 265

AMERICAN MUTUAL FIRE INSURANCE COMPANY, Appellant, v. Fred GREEN, Respondent.

Supreme Court of South Carolina.

December 10, 1958.


Attorney(s) appearing for the Case

Messrs. O'Bryan & O'Bryan, of Kingstree, and Hagood, Rivers & Young, of Charleston, for Appellant.

Messrs. Shuler & Harrell, of Kingstree, and Smith & Moore, of Georgetown, for Respondent.


December 10, 1958.

OXNER, Justice.

The question presented by this appeal is whether the insurer waived, or is estopped to assert, noncompliance by the insured with a policy provision requiring the filing of written proof of loss "within sixty days after the loss."

On January 6, 1956, appellant, American Mutual Fire Insurance Company, insured against loss or damage by fire or lighting, to the extent of $10,000.00, a building located near the town of...

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