Legal Opinion

Phoenix Ins. Co. v. Heath

Utah Supreme Court

Decided October 10, 1936No. 5709PublishedCited by 29 opinions

1Opinion of the Court

FOLLAND, Justice.

Defendants, as agents for the plaintiff, issued a policy of fire insurance on the Roseland Dance Hall in Salt Lake City for $5,000. Plaintiff thereupon requested the defendants to reduce the policy to $2,500. Defendants wrote plaintiff requesting reconsideration of plaintiff’s demand. Before any reduction in the policy was made, the dance hall burned down. Plaintiff paid the insured the full amount of the policy and brought this action to recover from defendants the sum of $2,500 because of their negligent failure to reduce the risk as requested. Ffom a judgment in favor of…

2Cases cited5 opinions

  1. London Assurance Corp. v. RussellSuperior Court of Pennsylvania · 1896
  2. Westchester Fire Ins. Co. v. BollinSupreme Court of South Carolina · 1916
  3. National Union Fire Insurance v. DickinsonWashington Supreme Court · 1916
  4. Washington Fire & Marine Ins. v. ChesebroU.S. Circuit Court for the District of Connecticut · 1887
  5. National Liberty Insurance v. BantaWisconsin Supreme Court · 1923

3Cited by29 opinions

  1. Plateau Mining Co. v. Utah Division of State Lands & ForestryUtah Supreme Court · 1990
  2. Soter's, Inc. v. Deseret Federal Savings & Loan Ass'nUtah Supreme Court · 1993
  3. Bank of America, N.A. v. Jill P. Mitchell Living TrustDistrict Court, D. Maryland · 2011
  4. ASC Utah, Inc. v. Wolf Mountain Resorts, L.C.Utah Supreme Court · 2010
  5. Mitton v. Granite State Fire Ins. Co. Granite State Fire Ins. Co. v. MittonCourt of Appeals for the Tenth Circuit · 1952

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