Legal Opinion

Allemania Insurance v. Little

Appellate Court of Illinois

Decided December 16, 1886PublishedCited by 9 opinions

Appeal from the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. This was an action by appellees against appellant, upon a policy of insurance issued by the latter to the former June 21.1884, whereby appellant insured appellees, in the sum of one thousand dollars, upon certain specified parts of a steam saw mill situate upon leased ground, and situate at Duluth, in the State of Minnesota, against loss or damage by fire or lightning, for the period…

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Appeal from the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. This was an action by appellees against appellant, upon a policy of insurance issued by the latter to the former June 21.1884, whereby appellant insured appellees, in the sum of one thousand dollars, upon certain specified parts of a steam saw mill situate upon leased ground, and situate at Duluth, in the State of Minnesota, against loss or damage by fire or lightning, for the period of one year from June 28, 1884. Said amount was divided by the policy into three sums, respectively applied to three…

1Opinion of the CourtMcAllister, P. J.

We are of opinion that the court below erred in giving the instruction on the part of the plaintiffs respecting the defense under the limitation clause in the policy, and in refusing that asked on behalf of defendant as to that defense. By that given for plaintiffs the court told the jury that it was claimed by the defendant that the suit was not commenced within six months from the destruction of the property insured; that as to that, it was for the jury to say, from all the evidence, when the property was destroyed by fire, and if they should believe from the evidence that it was so…

2Cases cited1 opinion

  1. Hovey v. Robert Thompson & Co.Illinois Supreme Court · 1865

3Cited by9 opinions

  1. Colleen Wood v. Allstate Insurance CompanyCourt of Appeals for the Seventh Circuit · 1994
  2. Egan v. Oakland InsuranceOregon Supreme Court · 1895
  3. Western Coal & Dock Co. v. Traders InsuranceAppellate Court of Illinois · 1905
  4. Rogge v. Menard County Mutual Fire Insurance Co.District Court, S.D. Illinois · 1960
  5. Allemania Fire Insurance v. PeckAppellate Court of Illinois · 1889

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