New Orleans Insurance v. Griffin
Texas Supreme Court
Appeal from MeLennan. Tried below before the Hon. B. W. Bimes. This was an action upon a contract of insurance. The petition alleged that, on November 16,1881, Griffin So Shook effected a policy of insurance in the New Orleans Insurance Association for $1,000. on their stock of merchandise in A quilla, Hill county, Texas; that, on December 19, 1881, the store and contents were destroyed by fire ; that the plaintiffs gave notice of the fire and furnished proof of their loss.
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Appeal from MeLennan. Tried below before the Hon. B. W. Bimes. This was an action upon a contract of insurance. The petition alleged that, on November 16,1881, Griffin So Shook effected a policy of insurance in the New Orleans Insurance Association for $1,000. on their stock of merchandise in A quilla, Hill county, Texas; that, on December 19, 1881, the store and contents were destroyed by fire ; that the plaintiffs gave notice of the fire and furnished proof of their loss. The pleas chiefly relied on in the defendant’s answer were (1) false representation by the plaintiffs as to the amount…
1Opinion of the Court
Robertson, Associate Justice.
A condition in a policy of insurance requiring notice of any other insurance afterward taken upon the same property, is to enable the company to exercise its option to continue or cancel its contract. Such condition may not be complied with by notice of an intention to obtain other insurance, because such notice does not give it the opportunity contracted for. Healey v. Insurance Company, 5 Nev., 268; Kimball v. Insurance Company, 8 Gray, 33.
But a condition that other insurance shall not be obtained without the consent of the company is better fulfilled by…
2Cases cited6 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Carrugi v. Atlantic Fire InsuranceSupreme Court of Georgia · 1869
- Washington Fire Insurance v. DavisonCourt of Appeals of Maryland · 1869
- The Buffalo Steam Engine Works v. . the Sun Mut. Ins. Co.New York Court of Appeals · 1858
- Healey v. Imperial Fire InsuranceNevada Supreme Court · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Morrison v. Insurance Co. of North AmericaTexas Supreme Court · 1887
- Insurance Co. of North America v. WilliamsSupreme Court of Alabama · 1917
- Kahn v. Traders InsuranceWyoming Supreme Court · 1893
- Home Insurance Co. of New York v. Lake Dallas Gin Co.Texas Supreme Court · 1936
- Providence-Washington Ins. Co. v. LevyTexas Commission of Appeals · 1920
27 more not listed; retrieve them via the Exa API.