London & L. Fire Ins. v. Fischer
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the District of Kentucky. Action on insurance policy. For former report, see 83 Fed. 807. This was an action by John Fischer, upon an insurance policy, to recover the value of a stock of goods in the city of Louisville, upon which the defendant insurance company had issued a policy of $3,-000. The defense of the company rested upon alleged violations of three conditions of the policy.
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In Error to the Circuit Court of the United States for the District of Kentucky. Action on insurance policy. For former report, see 83 Fed. 807. This was an action by John Fischer, upon an insurance policy, to recover the value of a stock of goods in the city of Louisville, upon which the defendant insurance company had issued a policy of $3,-000. The defense of the company rested upon alleged violations of three conditions of the policy. The conditions were as follows: ‘This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void (1) if the…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts). We think the judgment must lie affirmed. It is well settled in the law of lire insurance that the insurer is estopped to plead as a defense the breach of conditions against other insurance or incumbrances without the consent of the company in writing on the face of the policy, if it appears that, when the agent of the company, with authority to deliver or withhold policies, delivered the policy in question, lie then knew of the existence of the other insurance or the incumbrance. In Insurance Co. v. Norwood, 32 U. S. App. 490, 16 C. C. A. 136, and 69 Fed. 7, which…
2Cases cited9 opinions
- Imperial Fire Insurance v. Coos CountySupreme Court of the United States · 1894
- National Bank v. Insurance Co.Supreme Court of the United States · 1878
- London Assurance v. Companhia De Moagens Do BarreiroSupreme Court of the United States · 1897
- Whited v. . Germania Fire Ins. Co.New York Court of Appeals · 1879
- Fireman's Fund Insurance v. NorwoodCourt of Appeals for the Eighth Circuit · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- United States Life Ins. v. SmithCourt of Appeals for the Sixth Circuit · 1899
- Westchester Fire Insurance v. Ocean View Pleasure Pier Co.Supreme Court of Virginia · 1907
- Boyer v. Grand Rapids Fire-Insurance Co.Michigan Supreme Court · 1900
- Northern Assur. Co. of London v. Grand View Bldg. Ass'nCourt of Appeals for the Eighth Circuit · 1900
- Sandersville Oil Mill Co. v. Globe & Rutgers Fire InsuranceCourt of Appeals of Georgia · 1924
4 more not listed; retrieve them via the Exa API.