V. & A. Meyer & Co. v. Queen Insurance
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Voorhie.s, J. Suit on policy of lire insurance. Two defenses urged, i. e.: (1) False representation and concealment as to character of risk when policy was issued. (2) Material alterations during the term of the policy, whereby risk was materially increased or enhanced. XT.
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APPEAL from the Civil District Court for the Parish of Orleans. Voorhie.s, J. Suit on policy of lire insurance. Two defenses urged, i. e.: (1) False representation and concealment as to character of risk when policy was issued. (2) Material alterations during the term of the policy, whereby risk was materially increased or enhanced. XT. The character of the risk was not misrepresented: (а) Where two interpretations, equally fair, may bo given, that which gives greater indemnity will prevail. May on Insurance, sec. 174. (б) “Brick-shingled sugar house and purgeries” is , not a representation…
1Opinion of the Court
*1003The opinion of the court was delivered by
Poché, J.
This action is on a policy of insurance on a sugar-house, which was totally destroyed by fire on January 4, 1887. The amount of insurance was $10,000, and the amount claimed is $8,802 84, as the proportion due by the defendant ; there being insurance on the same property in another company.
Plaintiffs appeal from a judgment which rejected their demand in full. The defense on appeal presents .three points, which are all three predicated on the following stipulations contained in the fifth, of certain conditions appended to the policj’'.
“ This…
2Cited by7 opinions
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- Rodriguez v. Northwestern Nat. Ins. Co.Supreme Court of Louisiana · 1978
- Steel v. Phenix Ins.Court of Appeals for the Ninth Circuit · 1892
- National Park Bank v. Concordia Land & Timber Co.Supreme Court of Louisiana · 1922
- Albert v. New Capital Industrial Life Ins. Co.Louisiana Court of Appeal · 1934
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