Chamberlain v. Shawnee Fire Insurance
Supreme Court of Alabama
Appeal from Mobile Law arid. Equity Court. Heard before Hon. Saffold Bernes:. Action by B. B. Chamberlain as trustee in bankruptcy against the Shawnee Fire Insurance Company upon a policy issued to the bankrupt. Judgment for defendant and plaintiff appeals.
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Appeal from Mobile Law arid. Equity Court. Heard before Hon. Saffold Bernes:. Action by B. B. Chamberlain as trustee in bankruptcy against the Shawnee Fire Insurance Company upon a policy issued to the bankrupt. Judgment for defendant and plaintiff appeals. The iron safe clause is a condition in the nature of a promissory warranty, a breach of which by the assured will void the policy. — Robinson v. Aetna F. I. Go., 135 Ala. 650; Home I. Go. v. Allen, 128 Ala. 457; Gramford v. Hanover F. 1. Co., 121 Ala. 258; 128 Ala. 477; 119 Ala. 436; 19 Cyc. 761. The pleas were sufficient. — Prior v. Beck,…
1Opinion of the CourtMcCLELLAN, J.
Action by a trustee in bankruptcy (appellant) upon a fire insurance policy issued to the bankrupt.
The property destroyed was a stock of merchandise. The insurer discharged its liability for the building covered by the policy, but denied liability for the loss of the stock of merchandise, asserting in defense of the action the breach by the insured (bankrupt) of the “iron-safe clause” of the policy. This defense, predicated of three features of that clause, was set up in pleas 2, 3, and 4, respectively. The court overruled demurrers to each of them, and these rulings afford the bases of…
2Cases cited4 opinions
- Brandon v. Progress Distilling Co.Supreme Court of Alabama · 1910
- Georgia Home Insurance v. AllenSupreme Court of Alabama · 1898
- Western Assurance Co. v. McGlatherySupreme Court of Alabama · 1896
- Hanover Fire Insurance v. CrawfordSupreme Court of Alabama · 1898
3Cited by9 opinions
- Insurance Co. of North America v. WilliamsSupreme Court of Alabama · 1917
- Hanover Fire Ins. Co. v. WoodSupreme Court of Alabama · 1923
- Pennsylvania Fire Ins. Co. v. MaloneSupreme Court of Alabama · 1928
- Home Ins. Co. v. ShrinerSupreme Court of Alabama · 1937
- Fidelity-Phoenix Ins. Co. v. WilliamsSupreme Court of Alabama · 1917
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