Jones v. St. Paul Fire & Marine Ins.
Court of Appeals for the Fifth Circuit
1DissentMcCORD, Circuit Judge
At no time prior or subsequent to the issuance of the policy of insurance did the appellant keep the records required by the record warranty clause of the policy, and it was held by this court that the breach of the warranty precluded recovery under the policy. St. Paul Fire & Marine Ins. Co. v. Jones, 5 Cir., 98 F.2d 448. The insurer could have defeated any claim made under the policy by the assured. I think that since the record warranty was breached from the very beginning, without design or fraud on the part of the insured, that no risk at any time attached under the policy, that no…
2Cases cited3 opinions
- Jones v. Insurance Co.Tennessee Supreme Court · 1891
- St. Paul Fire & Marine Ins. v. JonesCourt of Appeals for the Fifth Circuit · 1938
- Trice v. Georgia Home Ins. Co.Court of Appeals of Texas · 1935