Gilbert v. Globe & Rutgers Fire Insurance Co.
Supreme Court of Oregon
171 P. 1161, rehearing denied 178 P. 358 (1918)
- Written by Sean Carroll, JD
Facts
Gilbert (plaintiff) had a fire insurance policy with Globe & Rutgers Fire Insurance Co. (Globe) (defendant). The policy stated that Gilbert could not bring a suit on the claim beyond 12 months after any fire that occurs. Gilbert’s cottage burned down in 1912. Gilbert promptly notified Globe. Subsequently, Astoria Lumber, a third party, filed a writ of garnishment to obtain any insurance proceeds Gilbert obtained. Gilbert alleged that Shankland, an adjuster for Globe, promised that payment would be made to Gilbert on his insurance policy as soon as the garnishment proceedings were disposed of. About one year after the fire, in 1913, Shankland then said Globe would be denying Gilbert’s claim. Gilbert did not file suit until almost three years later, in 1918. The district court ruled that the suit was sustainable in favor of Gilbert. Globe appealed.
Rule of Law
Issue
Holding and Reasoning (Johns, J.)
What to do next…
Here's why 790,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
