Silverberg v. Phenix Insurance Co.
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The condition of the policy with respect to the possession of the property was as follows: “If any change take place in title or possession (except in case of succession by reason of death of the assured) whether by legal process or judicial decree, or voluntary transfer or conveyance .... this policy is void.”
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Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The condition of the policy with respect to the possession of the property was as follows: “If any change take place in title or possession (except in case of succession by reason of death of the assured) whether by legal process or judicial decree, or voluntary transfer or conveyance .... this policy is void.” Exhibit D referred to in the opinion was in the following .form:— “ Plaintiff’s Exhibit D. “ Western and Southern Department. “T. E. Burch, General Agent, “ 160…
1Opinion of the CourtRoss, J.
It is unnecessary to decide many of the questions argued by counsel, for we are of opinion that the forfeitures relied on by appellant were waived. The policy in question was issued to insure the quartz mill and machinery of the Pinal Mill and Mining Company, situated in the territory of Arizona, and the loss was made payable to one Loomis. The fire occurred on the 2d of April, 1879. Soon afterwards the defendant was notified of the fact. On the 17th of the same month Loomis gave an order on defendant to pay the loss to the plaintiff, which order was duly presented, and subsequently assigned…
2Cases cited3 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Pennsylvania Fire Insurance v. KittleMichigan Supreme Court · 1878
- Shuggart v. Lycoming Fire Insurance Co.California Supreme Court · 1880
3Cited by11 opinions
- Knarston v. Manhattan Life InsuranceCalifornia Supreme Court · 1899
- Frasch v. London & Lancashire Fire InsuranceCalifornia Supreme Court · 1931
- Home Fire Insurance v. KennedyNebraska Supreme Court · 1896
- Enos v. Sun Insurance Co.California Supreme Court · 1885
- West Coast Lumber Co. v. State Investment & InsuranceCalifornia Supreme Court · 1893
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