Bruce v. Phœnix Insurance
Oregon Supreme Court
This is a suit brought by W. S. Bruce against the German Sayings and Loan Society and the Phoenix Insurance Company to recover from the latter one thousand eight hundred dollars, the amount claimed to be due on an insurance policy, on account of a loss by fire.
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This is a suit brought by W. S. Bruce against the German Sayings and Loan Society and the Phoenix Insurance Company to recover from the latter one thousand eight hundred dollars, the amount claimed to be due on an insurance policy, on account of a loss by fire. The facts show that on the thirty-first of May, 1890, plaintiff was the owner of certain real property in Portland Homestead, Multnomah County, upon which was a two-story frame building of the value of about two thousand six hundred dollars, and on that day he executed and delivered to the German Savings and Loan Society a mortgage…
1Opinion of the CourtJustice Moore
The appeal presents the following questions: Was the hazard increased by the construction of another building after the policy was issued? Was the house unoccupied at the time of the fire, and had it been so unoccupied for more than ten days prior thereto? Was the proof of loss waived by the insurance company? We do not deem it necessary to examine the first question, as we think the solution of the other two decisive of the case.
*4901. The plaintiff alleges that he duly kept and performed all the conditions of the policy to be performed by him. The answer denies this, and for a separate defense…
2Cases cited4 opinions
- Rugh v. OttenheimerOregon Supreme Court · 1877
- Lovejoy v. ChapmanOregon Supreme Court · 1893
- Remillard v. PrescottOregon Supreme Court · 1879
- Commercial Insurance v. MehlmanIllinois Supreme Court · 1868
3Cited by19 opinions
- Goorberg v. the Western Assurance Co.California Supreme Court · 1907
- Cranston v. West Coast Life InsuranceOregon Supreme Court · 1912
- Mercer v. Germania Ins.Oregon Supreme Court · 1918
- Flegel v. KossOregon Supreme Court · 1906
- Union St Ry. Co. v. First Nat. BankOregon Supreme Court · 1903
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