Legal Opinion

Ætna Insurance v. Weissinger

Indiana Supreme Court

Decided November 7, 1883No. 10,658PublishedCited by 7 opinions

From the Posey Circuit Court.

1Opinion of the Court

Bicknell, C. C.

— This was an action upon a policy of insurance, No. 339, by the administrator of the assured. , The complaint was in the common form, alleging a loss by fire on May 29th, 1879. One of the conditions of the policy was that, “ if the company shall so elect, it shall be optional with the company to cancel the policy, which shall cease on notice being given to the assured, his or their representatives, of its decision to do so, and on tendering a ratable proportion of the premium for the unexpired term.”

The defendant answered in three paragraphs:

1. The general denial.

2. Admitting…

2Cases cited2 opinions

  1. Van Valkenburgh v. . Lenox Fire Ins. Co.New York Court of Appeals · 1873
  2. Hathorn v. Germania InsuranceNew York Supreme Court · 1869

3Cited by7 opinions

  1. Malin v. Netherlands InsuranceMissouri Court of Appeals · 1920
  2. Bushnell, Receiver v. KRAFFTIndiana Court of Appeals · 1962
  3. Dyche v. BostianMissouri Court of Appeals · 1950
  4. Home Insurance v. HamiltonMissouri Court of Appeals · 1910
  5. Farmers Mutual Hail Insurance Co. of Missouri v. MintonMissouri Court of Appeals · 1955

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