Legal Opinion

Alabama Mutual Fire Insurance v. Minchener

Supreme Court of Alabama

Decided November 15, 1901PublishedCited by 9 opinions

'Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This was an action brought by the appellee against the appellant; and counted upon a fire insurance policy. The defendant pleaded the general issue.

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'Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This was an action brought by the appellee against the appellant; and counted upon a fire insurance policy. The defendant pleaded the general issue. The policy of insurance described the property insured as “the one story shingle roof frame building and adjoining communicating additions .thereto, including foundations, which is occupied as a dwelling house, and situated on the east side of Minchener street, in Troy, Alabama.” It was shown that the duly constituted general agent of the defendant company, with…

1Opinion of the CourtItaradson, J.

A policy of insurance should designate the property, so that the subject insured and the risk may be determined. In case of doubt as to' AArhat property is covered, the construction will be against the insurer. — 2 Joyce on Insurance, § 1690.

Touching mistakes in the description of property insured, Mr. May observes that “knoAvledge of the company or its agents of the untruthfulness of the statements as to the distance,of neighboring buildings, or of inaccuracy or incompleteness in the description of the property, a.t the time AAdien the insurance is effected, by the. general* concurrence…

2Cases cited4 opinions

  1. Syndicate Insurance v. CatchingsSupreme Court of Alabama · 1893
  2. Pope v. Glens Falls InsuranceSupreme Court of Alabama · 1900
  3. Hughes v. . Mercantile Mutual Ins. Co.New York Court of Appeals · 1873
  4. James River Insurance v. Merritt & RobertsonSupreme Court of Alabama · 1872

3Cited by9 opinions

  1. Barnes v. Atlantic & Pacific Life Insurance Co. of AmericaSupreme Court of Alabama · 1975
  2. Connell v. State Farm Mut. Auto. Ins. Co.Supreme Court of Alabama · 1985
  3. Jersey Ins. Co. v. RoddamSupreme Court of Alabama · 1951
  4. Allen v. GenryAlabama Court of Appeals · 1957
  5. Money v. MoneySupreme Court of Alabama · 1937

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