Miller v. Phenix Insurance
Mississippi Supreme Court
Appeal from the circuit court of Madison county. Hon. W. A. Henry, Judge. Suit by S. A. Miller et al. against the Phenix Insurance Company. Prom a judgment for defendant, plaintiff, S. A. Miller, appeals. The facts are fully stated in the opinion of the court- Appellee’s whole brief is based on the idea that appellant was guilty of concealment and for that reason the policy was void.
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Appeal from the circuit court of Madison county. Hon. W. A. Henry, Judge. Suit by S. A. Miller et al. against the Phenix Insurance Company. Prom a judgment for defendant, plaintiff, S. A. Miller, appeals. The facts are fully stated in the opinion of the court- Appellee’s whole brief is based on the idea that appellant was guilty of concealment and for that reason the policy was void. Concealment. — “Concealment, according to the law of insurance, is the designed and intentional withholding-■of any fact material to the risk which the assured in honesty and good faith ought to communicate.”…
1Opinion of the CourtMcLean, J.
This is a suit brought by appellant, Miller, and one Mrs. Bessie C. Tucker on a policy of fire insurance issued by the appellee on December 22, 1907, insuring- the property against loss or damage by fire for one year from that date. The property covered by the policy was destroyed by fire on January 2, 1908. This policy, taken out on December 22, 1907, was a renewal of a policy that was previously issued by the appellee on the same property, for the same amount, and payable to the same parties. Mrs. Bessie C. Tucker is shown to be the heir at law of a certain mortgagee, for the payment of…
2Cases cited2 opinions
- Phenix Insurance v. BowdreMississippi Supreme Court · 1890
- Liverpool, London & Globe Insurance v. McGuireMississippi Supreme Court · 1876
3Cited by1 opinion
- Miller v. Phenix InsuranceMississippi Supreme Court · 1913