Travelers Insurance v. California Insurance
North Dakota Supreme Court
PPEAL from district McConnell, Judge. court, Cass county; Hon. Wi. B. Action by mortgagee on-a policy of insurance issued to mortgagor, loss, if any, payable to mortgagee, by defendant California Insurance company. Complaint alleged that the risk of the California Company was reinsured and assumed by defendant Phenix Company. Defendants demurred (but not separately) on ground that complaint stated no cause of action.
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PPEAL from district McConnell, Judge. court, Cass county; Hon. Wi. B. Action by mortgagee on-a policy of insurance issued to mortgagor, loss, if any, payable to mortgagee, by defendant California Insurance company. Complaint alleged that the risk of the California Company was reinsured and assumed by defendant Phenix Company. Defendants demurred (but not separately) on ground that complaint stated no cause of action. Demurrer overruled; the ruling was excepted to and the defendants answered admitting that the Phenix Company reinsured and assumed the risk. Yerdict and judgment for plaintiff.…
1Opinion of the CourtCorliss, C. J.
The alleged liability of the defendant, the California Insurance Company of San Francisco, rests upon a fire insurance policy issued by it covering buildings owned by one E. C. Sprague; and the other defendant, the. Phenix Insurance Company, is sought to be held by virtue of a contract between it and its co-defendant whereby it reinsured the risk, and assumed the same. If this contract were strictly one of reinsurance, there would be no such privity between the original insured and the reinsurer as would create a liability on the part of the latter to the former. Strong v. Insurance Co., 62…
2Cases cited22 opinions
- Riddlesbarger v. Hartford InsuranceSupreme Court of the United States · 1869
- Strong v. Phœnix InsuranceSupreme Court of Missouri · 1876
- Cone v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1875
- Arthur v. . Homestead Fire Ins. Co.New York Court of Appeals · 1879
- Chandler v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1874
17 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Read & Traversy v. State InsuranceSupreme Court of Iowa · 1897
- United States Fire Ins. Co. v. SmithSupreme Court of Alabama · 1935
- Ruohs v. Traders Fire InsuranceTennessee Supreme Court · 1903
- State Insurance v. MeesmanWashington Supreme Court · 1891
- Sample v. London & Lancashire Fire InsuranceSupreme Court of South Carolina · 1896
12 more not listed; retrieve them via the Exa API.