Legal Opinion

Holmes v. Phenix Ins. Co. of Brooklyn

Court of Appeals for the Eighth Circuit

Decided November 20, 1899No. 1,236PublishedCited by 40 opinions

In Error to the Circuit Court of the United States for the Western District of Missouri.

1Opinion of the Court

CALDWELL, Circuit Judge.

The Phenix Insurance Company of Brooklyn, N. Y., insured “James T. Holmes against loss or damage by wind storms, cyclones, or tornadoes” to the building described in the policy. The policy contains this provision: “This company will not be liable for any lo«¿s or damage that may occur from hail or lightning, directly or indirectly, or by the blowing down of chimneys, loose clapboards, weather vanes and shingles, unless other damage occur.” The building insured wms damaged by a wind and hail storm, the chief damage occurring from the hail. The insured brought this…

2Cases cited2 opinions

  1. Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
  2. Lessee of Ewing v. BurnetSupreme Court of the United States · 1837

3Cited by40 opinions

  1. Anderson & Kerr Drilling Co. v. BruhlmeyerTexas Supreme Court · 1940
  2. Matter of WT Grant Co.United States Bankruptcy Court, S.D. New York · 1980
  3. Stanley Clayman and Melvin Clayman v. Goodman Properties, IncCourt of Appeals for the D.C. Circuit · 1974
  4. Mills v. State Board of EqualizationMontana Supreme Court · 1934
  5. Jordan v. Iowa Mutual Tornado InsuranceSupreme Court of Iowa · 1911

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