Commercial Fire Insurance v. Capital City Insurance
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. Jno. P. Hubbard. The facts are stated in the opinion.
1Opinion of the CourtStone, C. J.
— It can not be questioned, that to maintain an action, such as the present one, there must have been, when the policy was taken out, and when the loss occurred, such ownership or right as amounts to an insurable interest, and the plaintiff must show himself entitled to assert that interest. — Lynch v. Dalzel, 3 Bro. Parl. Ca. 497; Sadlers’ Company v. Badcock, 2 Atk. 554; Wilson v. Hill, 3 Metc. (Mass.) 66 ; 1 Phil, on Insurance, 59 ; May on Insurance, §§ 115,116.
Form 16, Code of 1876, p. 704, is framed for a suit on a policy of insurance. It contains no averment of property, or insurable…
2Cases cited30 opinions
- Columbian Insurance Co. of Alexandria v. LawrenceSupreme Court of the United States · 1829
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Althorf v. . WolfeNew York Court of Appeals · 1860
- Clinton v. . the Hope Insurance CompanyNew York Court of Appeals · 1871
- Insurance Co. v. StinsonSupreme Court of the United States · 1881
25 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Girard Fire Marine Ins. Co. v. GunnSupreme Court of Alabama · 1930
- Crossman v. American InsuranceMichigan Supreme Court · 1917
- Alabama Gold Life Insurance v. Mobile Mutual InsuranceSupreme Court of Alabama · 1886
- American Equitable Assur. Co. v. Powderly Coal & Lumber Co.Supreme Court of Alabama · 1932
- Western Assurance Co. v. StoddardSupreme Court of Alabama · 1889
33 more not listed; retrieve them via the Exa API.