Legal Opinion

Lusk v. American Central Insurance

West Virginia Supreme Court

Decided March 20, 1917PublishedCited by 21 opinions

Error to Circuit Court, McDowell County. Action of assumpsit by L. P. Lusk against the Americah Central Insurance Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

Lynch, President:

Upon a policy of insurance against loss by fire, drawn to cover an office building for one year from August 25, 1914, plaintiff brought assumpsit, and, upon defendant’s demurrer to the evidence, recovered the judgment of which it complains. The fire that destroyed the property occurred at one o’clock on the morning of July 11, 1915. The grounds of defense are cancellation of the policy, failure to notify the company of the loss and to furnish proofs of loss.

The policy is the New York standard form, and reserves the right to cancel it by giving five days’ notice to the…

2Cases cited27 opinions

  1. Farnum v. Phoenix InsuranceCalifornia Supreme Court · 1890
  2. Bernhard v. Rochester German InsuranceSupreme Court of Connecticut · 1906
  3. Hartford Fire Insurance v. KeatingCourt of Appeals of Maryland · 1897
  4. Commercial Fire Ins. v. AllenSupreme Court of Alabama · 1886
  5. American Fire Insurance v. BrooksCourt of Appeals of Maryland · 1896

22 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Corporation of the Royal Exchange Assurance v. FranklinSupreme Court of Georgia · 1924
  2. Maynard v. National Fire Insurance Co. of HartfordWest Virginia Supreme Court · 1963
  3. Niagara Fire Ins. Co. of New York v. Raleigh Hardware Co.Court of Appeals for the Fourth Circuit · 1933
  4. Cartos v. Hartford Accident & Indemnity Co.Supreme Court of Virginia · 1933
  5. Twin City Fire Ins. v. Stockmen's Nat. Bank of Ft. BentonCourt of Appeals for the Ninth Circuit · 1919

16 more not listed; retrieve them via the Exa API.

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