Legal Opinion

Lummus v. Firemen's Fund Insurance

Supreme Court of North Carolina

Decided December 9, 1914PublishedCited by 7 opinions

Appeal by plaintiff from Adams, J., at March Term, 1914, of Meck-lenburg. Civil action. From tbe judgment rendered, plaintiff appealed.

1Opinion of the CourtBrown, J.

This is an action to recover on a policy of insurance issued by the defendant upon an automobile. The defendant pleads, first, that the action was not brought within one year; second, that there was á breach of the private garage warranty; and, third, that proof of loss was not filed within sixty days. It is only necessary that we should consider the second defense.

The policy contains this provision:

“Private Garage Warranty. — In consideration of the reduced rate at which this policy is written, it is understood that the property insured hereunder shall at all times be kept or stored in the…

2Cases cited2 opinions

  1. Bryant v. Metropolitan Life InsuranceSupreme Court of North Carolina · 1908
  2. Fishblate v. Fidelity Co.Supreme Court of North Carolina · 1906

3Cited by7 opinions

  1. Maryland Casualty Co. v. ColeSupreme Court of Virginia · 1931
  2. Mutual Life Insurance v. Leaksville Woolen MillsSupreme Court of North Carolina · 1916
  3. Arbuckle v. Lumbermens Mut. Casualty Co. of IllinoisCourt of Appeals for the Second Circuit · 1942
  4. Johnson v. New Amsterdam Casualty Co.Supreme Court of North Carolina · 1951
  5. Person v. . TysonSupreme Court of North Carolina · 1939

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