Legal Opinion
Eddy v. National Union Indemnity Co.
Court of Appeals for the Ninth Circuit
Decided December 6, 1935No. 7394PublishedCited by 2 opinions
1Opinion of the Court
WILBUR, Circuit Judge.
We quote the appellants’ brief on rehearing, in which their position is stated as follows: “There is a distinction between the waiver of a warranty concerning past conditions and one concerning the maintenance of future conditions. Federal courts refuse tó allow a waiver or estoppel concerning conditions of a policy to be performed or maintained in the future but do permit them as to warranties concerning past conditions. This distinction is explicitly laid down by the Honorable Judge Wilbur in Northwestern Nat. Ins. Co. v. McFarlane (C.C.A.) 50 F.(2d) 539, at pages…
2Cases cited8 opinions
- Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
- Lumber Underwriters of NY v. RifeSupreme Court of the United States · 1915
- McElroy v. British America Assur. Co. of TorontoCourt of Appeals for the Ninth Circuit · 1899
- Fidelity-Phenix Fire Ins. Co. of New York v. Queen City Bus & Transfer Co.Court of Appeals for the Fourth Circuit · 1925
- Northwestern Nat. Ins. v. McFarlaneCourt of Appeals for the Ninth Circuit · 1931
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3Cited by2 opinions
- Wallace v. World Fire & Marine Ins. Co. of Hartford, Conn.District Court, S.D. California · 1947
- Alexander v. General Ins. Co. of AmericaDistrict Court, S.D. California · 1938