Goldman v. North British Mercantile Insurance
Supreme Court of Louisiana
PPEAL from the Nineteenth Judicial District Court for the Parish of Iberia. Voorhies, J. A paper containing particular statements relating to the subject matter of insurance attached to the policy at the time of its execution is no part of the policy. May on Insurance, p. 182, 2d edition. A warranty will in no case be extended by construction, nor will it be made to include anything not clearly within its terms.
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PPEAL from the Nineteenth Judicial District Court for the Parish of Iberia. Voorhies, J. A paper containing particular statements relating to the subject matter of insurance attached to the policy at the time of its execution is no part of the policy. May on Insurance, p. 182, 2d edition. A warranty will in no case be extended by construction, nor will it be made to include anything not clearly within its terms. And it will be construed strictly against those for whose benefit it is made when it imposes burdens upon others; and so if possible as to avoid a forfeiture. May on Insurance, 2d…
1Opinion of the Court
The opinion of the court was delivered by
Millbe, J.
The plaintiffs sue for the amount of a loss by fire of their stock in store insured by the defendants. The defendants excepted there was no action. Thereafter plaintiffs filed a supplemental petition. The court sustained the exception and dismissed the-suit, from which judgment plaintiffs appeal.
The policy sued upon consists of one paper signed by the agent of the company, which states the insurance subject to the three-fourths value clause, accompanied with the stipulation that the company in the event of a loss shall be entitled to a…
2Cited by11 opinions
- Reeves v. Globe Indemnity Co. of New YorkSupreme Court of Louisiana · 1936
- Maupin v. Insurance Co.West Virginia Supreme Court · 1903
- St. Landry Wholesale Mercantile Co. v. New Hampshire Fire Ins.Supreme Court of Louisiana · 1905
- Bandy v. Avondale Shipyards, Inc.Court of Appeals for the Fifth Circuit · 1972
- Shawnee Fire-insurance v. KnerrSupreme Court of Kansas · 1905
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