Summary
In Mason v. Agricultural Ins. Co., 150 Mo. App. 17, 129 S.W. 472, it was held that an effort of the parties to agree upon the amount of loss and avoid the necessity of an appraisement, leaving the question of liability open, was not inadmissible as an offer of compromise.
Summary of this case from Jacobs v. DancigerOpinion
November 5, 1959
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, MAXWELL SHAPIRO, J.
Zipser Levitt ( Sidney N. Zipser and Howard E. Levitt of counsel), for appellants.
No one appearing for respondent.
The record below established plaintiff's failure to comply with the condition precedent set forth in the insurance contract in that she failed to file required proofs of loss and failed to institute this action within one year from the time her cause of action accrued. Plaintiff's opposing papers failed to negate her breach and raised no triable issues of fact in respect thereof.
The order should be reversed, with $10 costs, and motion granted.
Concur — HOFSTADTER, J.P., AURELIO and TILZER, JJ.
Order reversed, etc.