Attorney General ex rel. Michigan Lubricator Co. v. Commissioner of Insurance
Michigan Supreme Court
Mandamus by John E. Bird, attorney general, on the relation of the Michigan Lubricator Company, to compel James V. Barry, commissioner of insurance, to revoke the license of an insurance company. By Act No. 149 the legislature of 1881 provided for a standard form pf fire-insurance policy for use by all companies doing business in this State, that no other form should be in use, and for a penalty for violation of the act.
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Mandamus by John E. Bird, attorney general, on the relation of the Michigan Lubricator Company, to compel James V. Barry, commissioner of insurance, to revoke the license of an insurance company. By Act No. 149 the legislature of 1881 provided for a standard form pf fire-insurance policy for use by all companies doing business in this State, that no other form should be in use, and for a penalty for violation of the act. A form of policy was prepared and went into general use. One of the provisions of the policy so adopted was the following : ‘ ‘ This company shall not be liable under this…
1Opinion of the CourtOstbandeb, J.
(after stating the facts). There is nothing in the standard form of policy prohibiting the contract in question. In the absence of other provisions, the sixth exception found in the act of 1905 is broad enough in terms to permit it. Quinn v. Fire Ass’n, 180 Mass. 560. But there is another provision. The words employed in the said sixth exception, if literally construed and applied, would permit the standard form of policy to be used as a mere frame upon which to affix riders embodying the contract of the parties. We assume that the essential purpose of the legislation was to provide a…
2Cases cited2 opinions
- Quinn v. Fire Ass'n of PhiladelphiaMassachusetts Supreme Judicial Court · 1902
- Vorous v. Phenix InsuranceWisconsin Supreme Court · 1899
3Cited by4 opinions
- Bekken v. Equitable Life Assurance Society of the United StatesNorth Dakota Supreme Court · 1940
- Aldrich v. Great American InsuranceAppellate Division of the Supreme Court of the State of New York · 1921
- Thorrez & Maes Mfg. Co. v. American Central Ins.District Court, E.D. Michigan · 1939
- Dahms & Sons Co. v. German Fire InsuranceSupreme Court of Iowa · 1911