Loventhal v. Home Insurance
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This action was brought by the appellant, Mrs. Rebecca Loventhal, against the appellee, the Home Insurance. Company, to recover $700, alleged to. be due on a policy of insurance, taken out by plaintiff in tlie defendant company, on a building which was destroyed by fire previous to the bringing of the suit.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This action was brought by the appellant, Mrs. Rebecca Loventhal, against the appellee, the Home Insurance. Company, to recover $700, alleged to. be due on a policy of insurance, taken out by plaintiff in tlie defendant company, on a building which was destroyed by fire previous to the bringing of the suit. There were many pleas interposed- and demurrers were sustained to several of them, but under the opinion in this case, it- is deemed unnecessary to set them out in detail. The sixth plea of the defendant was…
1Opinion of the CourtHead, J.
Contested policy of fire insurance. That portion of the policy material to the main question raised by the record, is as follows: "Mrs Rebecca Loventhal, $700, on her two-story, frame, shingle roof building,” etc., (describing it.) “This entire policy shall be void if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground not owned by the insured, in fee simple.” The interest of Mrs. Loventhal in the land, was that of vendee, under an executory contract of purchase holding the bond of the vendor to make title to her…
2Cases cited28 opinions
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Queen Insurance v. YoungSupreme Court of Alabama · 1888
- Ashurst v. PeckSupreme Court of Alabama · 1893
- Imperial F. Ins. v. DunhamSupreme Court of Pennsylvania · 1888
- Commercial Fire Ins. v. AllenSupreme Court of Alabama · 1886
23 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Insurance Co. of North America v. WilliamsSupreme Court of Alabama · 1917
- Queen Insurance v. Patterson Drug Co.Supreme Court of Florida · 1917
- McCollough v. Home Ins. Co. of N.Y.California Supreme Court · 1909
- Milwaukee Mechanics Ins. Co. v. MaplesAlabama Court of Appeals · 1953
- Lewis v. HickmanSupreme Court of Alabama · 1917
46 more not listed; retrieve them via the Exa API.