Alston v. Old North State Insurance
Supreme Court of North Carolina
Civil ActioN to recover the amount of a Eire Insurance Policy, tried at January Special Terna, 1879, of Waice. Superior Court, before Seymovrr, J. The- policy of insurance on which this action is brought-was issued by the- defendant corporation (whose principal place of business is Warrenton) on the 21st of July, 1876, to run for one year, and contains a clause making it void, if among other causes recited the insured premises “ shall be used so as to increase the risk, or…
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Civil ActioN to recover the amount of a Eire Insurance Policy, tried at January Special Terna, 1879, of Waice. Superior Court, before Seymovrr, J. The- policy of insurance on which this action is brought-was issued by the- defendant corporation (whose principal place of business is Warrenton) on the 21st of July, 1876, to run for one year, and contains a clause making it void, if among other causes recited the insured premises “ shall be used so as to increase the risk, or become vacant and unoccupied, or the .risk be increased by the erection or occupation of neighboring buildings, or by any…
1Opinion of the CourtSmith, C. J.
(After stating the ease.) In this ruling -we eoncur. It is made an essential condition of the contract that the property should not be exposed to the perils of an unoccupied tenement without the fact being communicated to the insurer and the consent of the company obtained and endorsed by an entry on the policy. This is a just and reasonable precaution against an increased risk without an increased premium, and a substantial and important ele ment of the contract. The danger to unoccupied buildings is certainly greater in the absence of any one to protect them, or to extinguish the fire at…
2Cited by6 opinions
- Herrman v. . Merchants' Insurance Co.New York Court of Appeals · 1880
- Continental Insrance Co. of New York City v. KyleIndiana Supreme Court · 1890
- In Re SheltonSupreme Court of North Carolina · 1932
- Schuermann v. Dwelling House InsuranceIllinois Supreme Court · 1896
- Winston-Salem Fire Fighters Club, Inc. v. State Farm Fire & Casualty Co.Supreme Court of North Carolina · 1963
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