Pollock v. German Fire-Insurance
Michigan Supreme Court
Error to Wayne; Hosmer, J. Assumpsit by Henry B. Pollock, Charles A. Pettibone, and William H. Chapman, copartners as Pollock, Petti- ' bone & Chapman, against the German Fire-Insurance Company of Pittsburg, Pennsylvania, on a policy of insurance. From a judgment for defendant on verdict directed by the court, plaintiffs bring error. Cited, to the point that there can be no such thing as a verbal waiver o'f the provisions of the standard policy: Kytev.
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Error to Wayne; Hosmer, J. Assumpsit by Henry B. Pollock, Charles A. Pettibone, and William H. Chapman, copartners as Pollock, Petti- ' bone & Chapman, against the German Fire-Insurance Company of Pittsburg, Pennsylvania, on a policy of insurance. From a judgment for defendant on verdict directed by the court, plaintiffs bring error. Cited, to the point that there can be no such thing as a verbal waiver o'f the provisions of the standard policy: Kytev. Assurance Co., 144 Mass. 43 (10 N. E. 518); PtRnam Tool Co. v. Insurance Co., 145 Mass. 265 (13 N. E. 902 ); Parker v. Insurance Co., 162…
1Opinion of the CourtMoore, J.
This is an action upon a fire-insurance policy. The circuit judge directed a verdict for the defendant. The case is brought here by writ of error.
The policy was dated September 4, 1898, and was for one year. It contained the following provisions:
*462“ This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions as may be indorsed hereon or added hereto; and no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy, except such as, by the…
2Cases cited22 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Bodine v. . Exchange Fire Ins. Co.New York Court of Appeals · 1872
- Ætna Insurance v. MaguireIllinois Supreme Court · 1869
- Continental Insurance v. RuckmanIllinois Supreme Court · 1889
- Steele v. German InsuranceMichigan Supreme Court · 1892
17 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Corporation of the Royal Exchange Assurance v. FranklinSupreme Court of Georgia · 1924
- American Fire Insurance v. King Lumber & Manufacturing Co.Supreme Court of Florida · 1917
- Maryland Casualty Co. v. McTyierTennessee Supreme Court · 1924
- German American Insurance v. HymanSupreme Court of Colorado · 1908
- Eagle Fire Co. v. LewallenSupreme Court of Florida · 1908
45 more not listed; retrieve them via the Exa API.