Legal Opinion
Martin v. First Nat. Fire Ins.
Supreme Court of Louisiana
Decided May 27, 1918No. 21713Published
Appeal from Civil District Court, Parish of Orleans; George PI. Théard, Judge. Action by Mrs. Francis Martin against the First National Fire Insurance Company. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtSommeryille, J.
Plaintiff sues upon two insurance policies because of the loss by fire of property insured resulting from the explosion of a gasoline stove which was in use by a tenant of plaintiff in the property at the time of the fire.
Defendant answered that the policies were avoided and annulled because of the use of gasoline on the premises contrary to a prohibition contained in the policies.
Thereupon plaintiff pleaded an estoppel against defendant based on the allegation:
“That the gasoline stove complained about in the answer was present in the said premises at the time the insurance was written to the…
2Cases cited4 opinions
- Insurance Co. v. WolffSupreme Court of the United States · 1877
- Murphy v. Royal InsuranceSupreme Court of Louisiana · 1900
- Mongeau v. Liverpool & London & Globe Ins.Supreme Court of Louisiana · 1911
- People's Bank v. National Fire Ins.Supreme Court of Louisiana · 1912