Georgia Home Insurance v. Allen
Supreme Court of Alabama
Appeal from the Circuit Court of Limestone. Tried before the Hon. H. C. Speaks. This was an action by the appellee, James W. Allen, against the Georgia Home Insurance Company; and counted upon a policy -of insurance issued by the defendant to plaintiff; and sought to recover, for the loss by fire of the property insured by such policy. The complaint was in the statutory form.
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Appeal from the Circuit Court of Limestone. Tried before the Hon. H. C. Speaks. This was an action by the appellee, James W. Allen, against the Georgia Home Insurance Company; and counted upon a policy -of insurance issued by the defendant to plaintiff; and sought to recover, for the loss by fire of the property insured by such policy. The complaint was in the statutory form. The defendant pleaded the general issue, and the following special plea: 2. “For further answer to said complaint defendant says that in and by the terms of said policy of insurance it was stipulated and agreed as…
1Opinion of the CourtHaralson, J.
The decisions of this court consonant with those elsewhere, and the text writers, have settled the question, — relieving us from further discussion of it, — ithat an agent may waive the conditions in a. policy of insurance; and further, that when one specific ground of forfeiture is urged against a policy of insurance, and the validity thereof denied on that ground alone, all other grounds are waived. — Syndicate Ins. Co. v. Catchings, 104 Ala. 176; Liverpool, L. & G. Ins. Co. v. Tillis, 110 Ala. 201; Georgia Home Ins. Co. v. Allen, 119 Ala. 436; 1 Joyce on Ins., § 591; City C. of Montgomery…
2Cases cited8 opinions
- Queen Insurance v. YoungSupreme Court of Alabama · 1888
- Syndicate Insurance v. CatchingsSupreme Court of Alabama · 1893
- United States Life Insurance v. LesserSupreme Court of Alabama · 1899
- Brown v. Commercial Fire InsuranceSupreme Court of Alabama · 1888
- Georgia Home Insurance v. AllenSupreme Court of Alabama · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Southern States Fire Ins. v. KronenbergSupreme Court of Alabama · 1917
- Travelers' Ins. Co. v. PlasterSupreme Court of Alabama · 1924
- Insurance Co. of North America v. WilliamsSupreme Court of Alabama · 1917
- Halle v. BrooksSupreme Court of Alabama · 1923
- American Automobile Insurance Co. v. EnglishSupreme Court of Alabama · 1957
46 more not listed; retrieve them via the Exa API.