Austin Fire Ins. Co. v. Polemanakos
Texas Commission of Appeals
Error to Court of Civil Appeals of Fourth Supreme Judicial District. Action by A. D. Polemanakos against the Austin Fire Insurance Company. A judgment for defendant was reversed by the Court of Civil Appeals (160 S. W. 1134), and defendant brings error.
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Error to Court of Civil Appeals of Fourth Supreme Judicial District. Action by A. D. Polemanakos against the Austin Fire Insurance Company. A judgment for defendant was reversed by the Court of Civil Appeals (160 S. W. 1134), and defendant brings error. The facts necessary to a proper understanding of our conclusions in this case are; This is a suit by the defendant in error, A. D. Polemanakos, against the Austin Fire Insurance Company to recover upon two fire insurance policies issued by said insurance company to Polemanakos on a certain building situated in Houston, Harris county, Tex. Said…
1Opinion of the CourtMontgomery, P. J.
(after stating the facts as above). The policies of fire insurance involved in this controversy are on what is known as the New York standard form, and each of them contains this provision:
“This policy shall be canceled at any time at the request of the insured, or by the company by giving notice of cancellation. If this policy shall be canceled, as hereinbefore provided, or become void, the premium having been actually paid, the unearned portion shall be returned on surrender of this policy.”
In this case it is contended that the policy was not canceled by the notice of cancellation, because…
2Cases cited6 opinions
- Phoenix Assurance Co. of London v. Munger Improved Cotton MacHine Manufacturing Co.Texas Supreme Court · 1898
- Mangrum & Otter Inc. v. Law Union & Rock Insurance Co.California Supreme Court · 1916
- Waxahachie National Bank v. BielharzTexas Supreme Court · 1901
- Hartford Fire Insurance v. CameronCourt of Appeals of Texas · 1898
- Bingham v. Insurance Co. of North AmericaWisconsin Supreme Court · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Shaller v. Commercial Standard Insurance CompanyTexas Supreme Court · 1958
- Aetna Ins. Co. v. AvirittCourt of Appeals of Texas · 1947
- Transcontinental Ins. Co. of New York v. FrazierCourt of Appeals of Texas · 1933
- Bessette v. Fidelity & Casualty Co.Supreme Court of Connecticut · 1930
- Fireman's Fund Ins. Co. v. ReynoldsCourt of Appeals of Texas · 1935
25 more not listed; retrieve them via the Exa API.