American Ins. Co. of Newark, N.J. v. Rodenhouse
Supreme Court of Oklahoma
Error from District Court, Carter County; S. EL Russell, Judge. Action by Mrs. L. M. Rodenhouse against the American Insurance Company of Newark, N. J. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
Opinion by
ROSSER, C.
This was an action on a policy of fire insurance. There was a judgment for plaintiff, and defendant has appealed.
The first proposition argued by the defendant is that the plaintiff could not recover, because the evidence showed that there was a disagreement as to the amount of the loss, and that before the plaintiff could sue she must have demanded an appraisal of the property. He relies on the following provisions of the policy.
“This company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs, and the loss or damage shall…
2Cases cited30 opinions
- Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
- National Bank v. Insurance Co.Supreme Court of the United States · 1878
- Hamilton v. Liverpool, London & Globe InsuranceSupreme Court of the United States · 1890
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
- Mullen v. ThaxtonSupreme Court of Oklahoma · 1909
25 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Germania Fire Ins. Co. v. BarringerSupreme Court of Oklahoma · 1914
- Rochester German Ins. Co. v. RodenhouseSupreme Court of Oklahoma · 1912
- Firemen's Fund Ins. Co. v. BoxSupreme Court of Oklahoma · 1926
- Shaffer v. GovreauSupreme Court of Oklahoma · 1912
- Messler v. Williamsburg City F. Ins. Co.Supreme Court of Rhode Island · 1920
2 more not listed; retrieve them via the Exa API.