Westchester Fire Insurance v. Ocean View Pleasure Pier Co.
Supreme Court of Virginia
Error to a judgment of the Circuit Court of the city of Norfolk in a proceeding by motion for a judgment. Judgment on a demurrer to the evidence for the plaintiff. Defendant assigns error.
1Opinion of the Court
Keith, P.,
delivered the opinion of the Court.*
There was a petition for a rehearing of this case, in which an opinion Was delivered on the 14th of June, 1906. In the-opinion then delivered it was said: “If the insurance company knew at the time the contract of insurance was entered into-that the land on which the insured building was located was not owned by the assured in fee simple, the insurance company would be considered as having waived that condition and would be estopped from setting up a breach of it as a defense”; and the opinion concludes that the insurance company was not' estopped…
2Cases cited9 opinions
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Liverpool & London Insurance v. GuntherSupreme Court of the United States · 1885
- Brown v. Commercial Fire InsuranceSupreme Court of Alabama · 1888
- Mokotock Insurance v. Rodefer Bros.Supreme Court of Virginia · 1896
- West Rockingham Mutual Fire Ins. v. Sheets & Co.Supreme Court of Virginia · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Maryland Casualty Co. v. ColeSupreme Court of Virginia · 1931
- Western Nat. Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- Leisen v. St. Paul Fire & Marine InsuranceNorth Dakota Supreme Court · 1910
- North River Insurance v. LewisSupreme Court of Virginia · 1923
- Virginia Fire & Marine Ins. v. J. I. Case Threshing Machine Co.Supreme Court of Virginia · 1907
13 more not listed; retrieve them via the Exa API.