Daily capital journal. (Salem, Oregon) 1903-1919, 1911-07-21

claimed thereon; and, within 60 days
after the fire unless such time is
extended in writing by this COM
pany, signed and sworn to by said
insured, stating the knowledge and
belief of the insured as to the time
and origin of the fire; the interest
of the insured and of all others in
the property; the cash value of each
item thereof and the amount of loss
thereon; all encumbrances (incum-
brances) thereon; all other insur-
ance, whether valid or not, covering
any of said property; and a copy of
all the descriptions and schedules in
all policies; any changes in the title,
use, occupation, location, possession
or, exposures of said property since
the issuing Of this policy; by whom
and for what purpose any building
herein described and the several
parts thereof were occupied at the
time of the fire; and shall furnish,
If required, verified plans and speci-
fications Of any building, fixtures or
machinery destroyed or damaged: !:
and shall also, if required, furnish
a certificate of the magistrate or
notary public (not interested in the
claim as creditor or otherwise not
(nor) related to the insured) living
nearest the place of fire, stating
that he has examined the circum-
stances and believes the insured has
honestly sustained loss to the
amount that such magistrate or no.
tary public shall certify. The in
sured, as often as required, shall
exhibit to any person designated by
this company all that remains of any
property herein described and sub
NIT to examination under oath by
any person named by this company
and subscribe the same; and, as Of
ten as required, shall produce for
examination, all books of accounts
(account), bills, invoices and other
vouchers, or certified copies thereof
II originals be lost, at such reason
able place as may be designated by
this company or its representative
and shall permit extracts and copies
thereof to be made No
suit or action on this policy, for the
recovery of any claim, shall be sus-
tainable, in any court of law or
equity, until, after full compliance
by the insured with all the forego-
ing requirements, nor unless COM
menced within IL months next after
the fire"
It viii be observed that while
some provisions to which reference
has been made declare that the pol
icy shall become void upon certain
conditions the failure to submit
proof of loss within 60 days from a
fire, when that limit has not been
extended is not within the specifica-
tions enumerated. 1t is a maxim of
universal application that forIeitures
are not favored. In speaking of the
requirement to furnish proof of loss
to entitle the insured to maintain an
action against the company a text
writer says: "But the provisions in
the policy in this respect as in 9th
ers are to be literally construed in
favor Of the insured" 10 Cyc. S44
To the same effect see Joyce Ins
Sec, S275. The editors of the Amer
lean and English Encyclopedia of
Law (Vol 13. Cd Ed. 329) in discuss
ing the question under consideration
say: And II no forfeiture is provid-
ed for in case of failure to furnish
proofs, torfeitures being stipulated
incase OF breach of other REQUIRE
ments, or furnishing the proofs in
the specified time is not expressly
made a condition precedent to re-
c,overy the great majority of recent
decisions hold that the effect of fail
ure TO furnish them is merely 10
postpone the time Of payment to the
specified time after they are fur
This legal principle was followed
IN StinchcOmb v n. Y. Life Ins. Co
40 o. Sl6 where in constituting the
provisions of a life insurance policv
II was determined that noncompli-
ance with the stipulations in respect
LH.