Benninger v. Phoenix Insurance (1881) · DecisionDepot

Benninger v. Phoenix Insurance

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1881 No. No. 7,632Published

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Holding. The court affirmed the judgment, finding sufficient evidence to support the jury's verdict regarding the plaintiff's property ownership and the defendant's waiver of formal proofs of loss. The court further held that the defendant's requested instruction was overly broad and would not have entitled the defendant to a verdict on the entire demand.

Issues

Whether there was sufficient evidence to support the jury's findings regarding property ownership and waiver of proofs of loss.
Whether the trial court erred in refusing the defendant's requested instruction No. 1.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The question of the ownership by plaintiff of the property was submitted to the jury, and there was evidence to sustain the findings.”

“The question as to the waiver by defendant of formal “ proofs ” of loss was also submitted to the jury, and there was evidence to sustain a finding of said waiver.”

“The instruction No. 1, asked by defendant, was too broad.”

Synopsis

Insurance—Instructions.—Held, that the instruction stated below was -too broad, and therefore rightly refused.

The Court : The question of the ownership by plaintiff of the property was submitted to the jury, and there was evidence to sustain the findings. The question as to the waiver by defendant of formal “ proofs ” of loss was also submitted to the jury, and there was evidence to sustain a finding of said waiver.

The instruction No. 1, asked by defendant, was too broad. Assuming the law and facts to be as therein suggested, it would not have followed that defendant would have been entitled to a verdict as to the whole demand.

Judgment and order affirmed.

Benninger v. Phoenix Insurance

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