Legal Opinion

Security Insurance v. Fay

Michigan Supreme Court

Decided April 18, 1871PublishedCited by 40 opinions

Error to St. Joseph Circuit. The facts sufficiently appear from the opinion.

1Opinion of the Court

Campbell, Ch. J., Judgment was rendered against plaintiffs in error on a policy of insurance. The defense, among other things, rested on a forfeiture of the policy by failure to have certain additional insurance consented to by indorsement on the policy, and on a failure to furnish the proofs required by the terms of the policy.

In regard to the latter question, the provisions in the policy do not provide for any forfeiture on account of the failure of the insured to furnish the proofs in the formal manner required, but merely provide that the claim shall not be payable until these several…

2Cited by40 opinions

  1. Westchester Fire Insurance v. EarleMichigan Supreme Court · 1876
  2. Cleaver v. Traders' InsuranceMichigan Supreme Court · 1887
  3. Liverpool & London & Globe Insurance v. EndeTexas Supreme Court · 1885
  4. Wheaton v. North British and Merchantile InsuranceCalifornia Supreme Court · 1888
  5. Alabama State Mutual Assurance Co. v. Long Clothing & Shoe Co.Supreme Court of Alabama · 1898

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