United States Fidelity and Guaranty Co. v. Fyffe

STEPHEN P. WHITE, Jr., Special Commissioner. The appellee, on October 1, 1966, purchased a new automobile. Simultaneously, the appellant issued to appellee its standard form $100 deductible collision policy. Less than one month later the appellee wrecked the car and in the trial court and on this appeal the parties have tacitly treated the loss as being total. On the day following the wreck appellee notified appellant's agent of the loss. However, the parties almost immediately fell into disagreement as to the amount due appellee under the collision coverage, and appellee never filed any formal proof of loss with appellant. The jury in the trial court returned a verdict in appellee's favor in the amount of $3,727.64 plus $551.15 interest which appellee had paid to a finance company in completing his obligations under a conditional sales contract made when he purchased the car.