Colonial Assurance Co. v. National Fire Insurance
Appellate Court of Illinois
Assumpsit, upon certificates of re-insurance. Appeal from the Circuit Court of Cook County: the Hon. Oliver H. Horton, Judge presiding. Heard in the Branch Appellate Court at the October term, 1902. This is a suit brought by' appellee to recover upon certificates of re-insurance, issued by appellant.
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Assumpsit, upon certificates of re-insurance. Appeal from the Circuit Court of Cook County: the Hon. Oliver H. Horton, Judge presiding. Heard in the Branch Appellate Court at the October term, 1902. This is a suit brought by' appellee to recover upon certificates of re-insurance, issued by appellant. The facts upon which the suit is based are substantially as follows: Appellant issued two certificates of re-insurance bearing date respectively September 12 and 20,1899, which were attached to and subject to the terms and conditions of an open policy, issued to appellee. By their terms these…
1Opinion of the Court
Mr. Presiding Justice Freeman
delivered the opinion of the court.
This controversy presents the question whether the certificates issued by appellant re-insuring appellee upon the latter’s liability under its policies to Schwarzschild & Sulzberger Company, were in force at the time when, by the fire of October 6, 1899, a loss occurred under said policies, which appellee was required to pay. Ho question of payment or return of premium arises. It is claimed by appellant, first, that the presentation to appellee’s agents upon the morning of September 30, 1899, of the order from appellant’s general…
2Cases cited3 opinions
- Ætna Insurance v. MaguireIllinois Supreme Court · 1869
- Hartford Fire Insurance v. ReynoldsMichigan Supreme Court · 1877
- Springfield F. & M. Insurance v. McKinnon & CallTexas Supreme Court · 1883
3Cited by9 opinions
- McCormick v. the Travelers Ins. Co.Missouri Court of Appeals · 1923
- American Glove Co. v. Pennsylvania Fire InsuranceCalifornia Court of Appeal · 1910
- Klim v. JohnsonAppellate Court of Illinois · 1958
- Hansell-Elcock Co. v. Frankfort Marine Accident & Plate Glass InsuranceAppellate Court of Illinois · 1913
- Burnett v. Illinois Agricultural Mutual InsuranceAppellate Court of Illinois · 1943
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