Legal Opinion

Smith v. Germania Fire Insurance

Oregon Supreme Court

Decided January 10, 1922PublishedCited by 24 opinions

From Yamhill: H. H. Belt, Judge. Department 2. This is an action at law instituted by Arthur N. Smith as payee named in a fire insurance policy, against Germania Fire Insurance Company of New York. One Arthur White was the owner of a two-story Mansard roofed frame building situate on the northwest corner of Third and “J” Streets, in McMinnville, Oregon, which building he occupied for drayage aud feed stable purposes.

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From Yamhill: H. H. Belt, Judge. Department 2. This is an action at law instituted by Arthur N. Smith as payee named in a fire insurance policy, against Germania Fire Insurance Company of New York. One Arthur White was the owner of a two-story Mansard roofed frame building situate on the northwest corner of Third and “J” Streets, in McMinnville, Oregon, which building he occupied for drayage aud feed stable purposes. Smith, plaintiff herein, was the owner aud holder of a certain mortgage deed upon the ábove-described premises in the amount of $1,000, duly executed by Arthur White and his wife…

1Opinion of the CourtBrown, J.

We are called upon to determine whether the court erred in sustaining plaintiff’s demurrer to defendant’s first and second causes of defense stated in its answer. This presents two vital questions: First, by reason of the willful burning of his property, did the assured cause a forfeiture of his policy? Second, if we answer the first question in the affirmative and declare a forfeiture of the policy, does this defeat the right of the mortgagee to recover in this action?

The policy in the case at bar provides, among other things, that:

“Germania Fire Insurance Company of New York, in…

2Cases cited27 opinions

  1. Burt v. Union Central Life InsuranceSupreme Court of the United States · 1902
  2. Collins v. Metropolitan Life InsuranceIllinois Supreme Court · 1907
  3. Atlas Reduction Co. v. New Zealand Ins.Court of Appeals for the Eighth Circuit · 1905
  4. Delaware Ins. v. GreerCourt of Appeals for the Eighth Circuit · 1903
  5. Supreme Lodge Knights & Ladies of Honor v. MenkhausenIllinois Supreme Court · 1904

22 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Haskin v. GreeneOregon Supreme Court · 1955
  2. Girard Et Ux. v. Vt. Mut. Fire Ins. Co.Supreme Court of Vermont · 1931
  3. Rent-A-Car Co. v. Globe & Rutgers Fire InsuranceCourt of Appeals of Maryland · 1930
  4. Taylor v. GrantOregon Supreme Court · 1955
  5. Merit v. LoseyOregon Supreme Court · 1952

19 more not listed; retrieve them via the Exa API.

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