Robinson v. Aetna Fire Insurance
Supreme Court of Alabama
Appeal from the Montgomery City Court. Tried before Hon. A. D. Sayre. This ivas an action by Thomas Robinson against the Aetna Fire Insurance Company on a policy of fire insurance. The “Iron Safe Clause,” referred to in the opinion, by reason of a violation of which defendant claimed that the policy had been forfeited, was in words and figures following: “Warranty to keep books and inventories and to produce them in case of loss.
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Appeal from the Montgomery City Court. Tried before Hon. A. D. Sayre. This ivas an action by Thomas Robinson against the Aetna Fire Insurance Company on a policy of fire insurance. The “Iron Safe Clause,” referred to in the opinion, by reason of a violation of which defendant claimed that the policy had been forfeited, was in words and figures following: “Warranty to keep books and inventories and to produce them in case of loss. The following covenant and warranty is hereby made a part of this policy: 1st. The assured will take a complete itemized inventory of stock on hand at least one in…
1Opinion of the CourtDowdell, J.
Questions of law involved in this case were practically all settled when here on former appeal.—Robinson v. Aetna Ins. Co., 128 Ala. 477. There seems tq he no substantial difference between the evidence then and now. The evidence without dispute showed a breach of the “iron safe” clause contained in the policy sued on, and which avoided the contract unless there was a waiver of the breach. Under appropriate instructions, the question of waiver being one of fact, was submitted to the jury, and a verdict rendered in favor of the defendant.
The breach of the “iron safe” clause was in the failure…
2Cases cited1 opinion
- Robinson v. Aetna InsuranceSupreme Court of Alabama · 1900
3Cited by10 opinions
- Roberts v. WilliamsSupreme Court of Alabama · 1916
- Peterson v. Universal Automobile InsuranceIdaho Supreme Court · 1933
- Pennsylvania Fire Ins. Co. v. MaloneSupreme Court of Alabama · 1928
- North River Insurance v. WaddellSupreme Court of Alabama · 1927
- Security Ins. v. LairdSupreme Court of Alabama · 1913
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