Legal Opinion

Rumsey v. Phœnix Insurance

U.S. Circuit Court for the District of Northern New York

Decided February 28, 1880PublishedCited by 11 opinions

Motion for new trial.

1Opinion of the Court

Wallace J.

The policy upon which this action was brought insured the dwelling-house of one Zimmer, and the *397loss was, by the terms of the policy, payable to the plaintiff, “as his interest may appear.”

The policy contains the' following conditions: “Any false representation by the assured of the condition, situation or occupancy of the property, or any omission to make known every fact material to the risk, or an overvaluation or any misrepresentation whatever, either in a written application or otherwise, or if the property be sold or transferred, or any change take place in title or…

2Cases cited1 opinion

  1. Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836

3Cited by11 opinions

  1. Phenix Ins. v. KerrCourt of Appeals for the Eighth Circuit · 1904
  2. Milwaukee Mechanics' Ins. v. B. S. Rhea & SonCourt of Appeals for the Sixth Circuit · 1903
  3. Cook v. Citizens Insurance Co.West Virginia Supreme Court · 1928
  4. Baker v. State InsuranceOregon Supreme Court · 1897
  5. Cronenwett v. Iowa Underwriters of the Dubuque Fire & Marine InsuranceCalifornia Court of Appeal · 1919

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