Oklahoma Fire Ins. Co. v. McKey
Court of Appeals of Texas
Appeal from Dallas Comity Court; W. F. Whitehurst, Judge. Action by N. K. McKey against the Oklahoma Fire Insurance Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtRainey, C. J.
This suit was brought by appellee against appellant on a fire insurance policy for $500, covering certain merchandise destroyed by fire. Defendant filed a special exception, alleging that the suit was prematurely brought, which was overruled, pleaded general denial, and specially violation of the terms of the policy, as follows: (a) Failure to file proofs of loss; (b) provision of policy that loss was not payable for 60 days after filing of proofs of loss; (c) sale of an' interest in the property by assured subsequent to the issuance of the policy without any knowledge or consent of…
2Cases cited2 opinions
- Traders' Insurance v. DobbinsTennessee Supreme Court · 1904
- American Central Insurance v. ChanceyCourt of Appeals of Texas · 1910
3Cited by5 opinions
- Alamo Health & Accident Ins. Co. v. CardwellCourt of Appeals of Texas · 1934
- Fireman's Fund Ins. v. GallowayCourt of Appeals of Texas · 1926
- St. Paul Fire & Marine Ins. Co. v. McRaeCourt of Appeals of Texas · 1936
- Central Federal Fire Ins. Co. v. LewisCourt of Appeals of Texas · 1930
- Forster v. Insurance Co. of North AmericaDistrict Court, E.D. New York · 1943