Legal Opinion · Dissent

Michigan Mutual Liability Company v. Madison

Alabama Court of Appeals

Decided November 19, 1968No. 6 Div. 342Published

1DissentCates, Judge

(dissenting) :

Michigan Mutual appeals from a judgment after verdict against it for $296.39. Madison had sued appellant on its undertaking in a home-owner’s policy to indemnify him against loss, by theft, of certain personal property.

I

About seven o’clock one evening Madison parked his car inside a fairgrounds within a fenced area. Madison had, inter alia, golf clubs, cart, bag and shoes locked in the car’s trunk. .. Madison left the car doors unlocked but had the keys in his pocket. About 10:30 P.M., he missed his car. Boy Scouts were directing the parking. One hundred fifty to two hundred…

2Cases cited6 opinions

  1. Peerless Carbon Black Co. v. SheppardCourt of Appeals of Texas · 1938
  2. Tumblin v. American InsuranceMassachusetts Supreme Judicial Court · 1962
  3. Abrams v. National Fire Ins. Co. of Hartford, Conn.District of Columbia Court of Appeals · 1962
  4. Weil v. Pennsylvania Fire Ins. Co.New Jersey Superior Court Appellate Division · 1959
  5. Henry Gorman & Son, Inc. v. American Surety Co. of New YorkSupreme Court of Rhode Island · 1965

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