Legal Opinion

Southern Mutual Ins. v. Yates

Supreme Court of Virginia

Decided March 15, 1877PublishedCited by 10 opinions

*This was an action of assumpsit upon a policy of insurance on a building, brought in September 1871 by Snowden Yates against the Southern Mutual insurance company. Yates obtained from the Southern Mutual insurance company two policies of insurance, numbered 1,093 and I, 093, upon two buildings at Orange Courthouse, both of which buildings were consumed by the same fire.

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*This was an action of assumpsit upon a policy of insurance on a building, brought in September 1871 by Snowden Yates against the Southern Mutual insurance company. Yates obtained from the Southern Mutual insurance company two policies of insurance, numbered 1,093 and I, 093, upon two buildings at Orange Courthouse, both of which buildings were consumed by the same fire. The loss on the building secured by the policy 1,092 was paid by the company; but they contested their liability for the loss on the other building, on the ground that in his application for the policy, among the written…

1Opinion of the CourtStaples, J.

The plaintiff is the holder of a policy of fire insurance in the Southern Mutual insurance company. In his application upon which the policy issued, he is represented as stating in answer to a question asked by the agent, that there was no _ incumbrance upon the property. The application is signed by the plaintiff, is made a part of the policy, and has all the force and effect of a warranty.

The property having been destroyed by fire, and the company refusing to pay, the plaintiff brought his action to recover the value. One of the grounds of defence relied on by the company is, that the…

2Cases cited2 opinions

  1. Towner v. Lucas' ex'orSupreme Court of Virginia · 1857
  2. Woodward v. FosterSupreme Court of Virginia · 1868

3Cited by10 opinions

  1. Lynchburg Fire Ins. v. WestSupreme Court of Virginia · 1882
  2. Virginia F. & M. Insurance Co. v. MorganSupreme Court of Virginia · 1893
  3. Ware v. StarkeySupreme Court of Virginia · 1885
  4. McLean v. Piedmont & Arlington Life Ins.Supreme Court of Virginia · 1877
  5. McLean v. Piedmont & Arlington Life Ins.Supreme Court of Virginia · 1877

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