Dibbrell v. Georgia Home Insurance
Supreme Court of North Carolina
This was a civil ACTION, tried at May Term, 1891, of the Superior Court of Vance County, before Whitaker, J. The defendant rested its defence solely upon the stipulation contained in the policy that no suit brought for the recovery of any loss and founded upon the policy should be sustainable in any Court, unless instituted “ within twelve calendar months next after the loss shall have accrued.”
Read the full summary
This was a civil ACTION, tried at May Term, 1891, of the Superior Court of Vance County, before Whitaker, J. The defendant rested its defence solely upon the stipulation contained in the policy that no suit brought for the recovery of any loss and founded upon the policy should be sustainable in any Court, unless instituted “ within twelve calendar months next after the loss shall have accrued.” The policy contained also another stipulation, which is as follows: “ If required, the assured shall produce books of account, and other papers and vouchers, and exhibit the same for examination…
1DissentMerrimon, C. J.
The defendant rested its defense solely upon the stipulation contained in the policy that no suit brought for the recovery of any loss and founded upon the policy should be sustainable in any court unless instituted "within twelve calendar months next after the loss shall have accrued."
The policy contained, also, another stipulation, which is as follows:
"If required, the assured shall produce books of account, and other papers and vouchers, and exhibit the same for examination either at the office of the company or such other place as may be named by its agent, and permit extracts and copies…
2Cases cited17 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Ames v. . N.Y. Union Ins. Co.New York Court of Appeals · 1856
- Lamberton v. Connecticut Fire InsuranceSupreme Court of Minnesota · 1888
- Indiana Insurance v. CapehartIndiana Supreme Court · 1886
- Whited v. . Germania Fire Ins. Co.New York Court of Appeals · 1879
12 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Gerringer v. North Carolina Home InsuranceSupreme Court of North Carolina · 1903
- Corporation of the Royal Exchange Assurance v. FranklinSupreme Court of Georgia · 1924
- Pretzfelder v. Merchants Insurance Co. of NewarkSupreme Court of North Carolina · 1898
- Horton v. Home Insurance Co.Supreme Court of North Carolina · 1898
- Brick Co. v. . GentrySupreme Court of North Carolina · 1926
22 more not listed; retrieve them via the Exa API.