French v. State Farmers' Mutual Hail Insurance
North Dakota Supreme Court
From a judgment of the District Court of Walsb County, Kneeshaw, J., defendant appeals. There were mistakes made in the contract of insurance. As to whether an action can be maintained at law on the policy without first having had a reformation, the practice differs in different jurisdictions. Some courts hold there must be a reformation before there can be an action at law. 19 Cyc. 654; Taylor v. Glens Falls Ins. Co. 44 Fla. 213, 32 So. 887; Collins v. St Paul F. & M. Ins.
Read the full summary
From a judgment of the District Court of Walsb County, Kneeshaw, J., defendant appeals. There were mistakes made in the contract of insurance. As to whether an action can be maintained at law on the policy without first having had a reformation, the practice differs in different jurisdictions. Some courts hold there must be a reformation before there can be an action at law. 19 Cyc. 654; Taylor v. Glens Falls Ins. Co. 44 Fla. 213, 32 So. 887; Collins v. St Paul F. & M. Ins. Co. 44 Minn. 440, 46 N. W. 906; Sun Ins. Co. v. Greenville Bldg. & L. Asso. 58 N. J. L. 367, 33 Atl. 962; Landers v.…
1Opinion of the CourtChRistiaNsoN, J.
There is no dispute about the facts in this case.
The testimony consists solely of certain documentary evidence and the oral testimony of the plaintiff and of one Colette, an agent for the defendant. The plaintiff is a farmer residing on section 17, in township 157, range 51, in Walsh county, in this state. This township is named Acton township. It is conceded that Colette was the duly authorized and licensed agent of the defendant company, authorized not only to write insurance for the defendant, but also authorized to appoint subagents. On June 27, 1912, said Colette obtained from the…
2Cases cited43 opinions
- Kausal v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1883
- Maher v. . Hibernia Insurance Co.New York Court of Appeals · 1876
- Hancock v. Board of EducationCalifornia Supreme Court · 1903
- American Central Ins. v. McLanathanSupreme Court of Kansas · 1873
- Aetna Insurance Co., of Hartford v. BrannonTexas Supreme Court · 1905
38 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Wagner v. National Fire Ins.Ohio Supreme Court · 1937
- Dobervich v. Central Cass Public School District No. 17North Dakota Supreme Court · 1979
- Cokins v. FrandsenNorth Dakota Supreme Court · 1966
- Hermes v. MarkhamNorth Dakota Supreme Court · 1951
- Anstey v. PalmatierAppellate Division of the Supreme Court of the State of New York · 2005
9 more not listed; retrieve them via the Exa API.