Legal Opinion

Spradley v. Georgia H. Ins. Co.

Supreme Court of South Carolina

Decided February 10, 1919No. 10159PublishedCited by 8 opinions

Before Moore, J., Aiken,-term,-. Action by M. W. Spradley against the Georgia Home Insurance Company. Judgment for plaintiff, and defendant appeals. The following are the reasons of the lower Court for holding the policy divisible: The defendant contends that the policy stipulates, that the entire policy shall be void if the title to the property covered thereby is not in the party insured.

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Before Moore, J., Aiken,-term,-. Action by M. W. Spradley against the Georgia Home Insurance Company. Judgment for plaintiff, and defendant appeals. The following are the reasons of the lower Court for holding the policy divisible: The defendant contends that the policy stipulates, that the entire policy shall be void if the title to the property covered thereby is not in the party insured. It seems to me that where the policy reads as it does here, that the insurer is undertaking to insure at a certain rate stated in the policy, as $1.50 on the hundred, and where the policy states that the…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

This action is on an insurance policy. The policy covered a home and a piano. The home was situated on the property of another than the insured, and the piano was the property of another. The undisputed testimony establishes these facts. The building was erected under a verbal lease for three years. It does not appear that there was any stipulation therein permitting the insured to remove the building. The case was tried before Judge Moore, and a jury, at the April term of Court, 1918, for Aiken county. During the trial the issue of…

2Cited by8 opinions

  1. South Carolina Insurance v. WhiteCourt of Appeals of South Carolina · 1990
  2. Trakas v. Globe Rutgers Fire Ins. Co.Supreme Court of South Carolina · 1927
  3. Evans v. Century Insurance CompanySupreme Court of South Carolina · 1942
  4. Bobby Earl Kerr and Mildred Kellett Kerr v. State Farm Fire & Casualty Co., Bobby Earl Kerr and Mildred Kellett Kerr v. State Farm Fire & Casualty Co.Court of Appeals for the Fourth Circuit · 1984
  5. Johnson v. South State InsuranceCourt of Appeals of South Carolina · 1985

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