Royal Exchange Assurance of London v. Almon
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County; Robert C. Brickell, Judge. Action by John Almon against the Royal Exchange Assurance of London. From judgment for plaintiff, defendant appeals.
1Opinion of the CourtSayre, J.
[1] The fourth count of the complaint followed the form (13) shown on page 1196 of the Code for a complaint on a policy of fire insurance, except that it omitted the following words contained in the form: “And other perils in the policy of insurance mentioned.” Plaintiff sued to recover a loss caused by fire alone. The words omitted were useless to his complaint, which, in our judgment, fell within the influence of section 5322 of the Code, providing that “any pleading which conforms substantially to the schedule of forms in this Code is sufficient.” Herring v. Skaggs, 73 Ala. 446; Commercial…
2Cases cited10 opinions
- Peoria Marine & Fire Insurance v. WalserIndiana Supreme Court · 1864
- Commercial Fire Insurance v. Capital City InsuranceSupreme Court of Alabama · 1886
- Herring, Farrell & Sherman v. SkaggsSupreme Court of Alabama · 1882
- Sun Ins. Office of London v. MitchellSupreme Court of Alabama · 1914
- Insurance Co. of North America v. ThorntonSupreme Court of Alabama · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Cherokee Life Ins, Co. v. BrannumSupreme Court of Alabama · 1919
- Girard Fire Marine Ins. Co. v. GunnSupreme Court of Alabama · 1930
- Liverpool London Globe Ins. Co. v. LoweSupreme Court of Alabama · 1922
- National Life Accident Ins. Co. v. BridgeforthSupreme Court of Alabama · 1929
- Liverpool London Globe Ins. Co v. McCreeSupreme Court of Alabama · 1924
16 more not listed; retrieve them via the Exa API.