Osler v. Atlas Assur. Co.
Mississippi Supreme Court
Appeal from circuit court of Lauderdale county. Hon. J. D. Fati-ieree, Judge. Action by R. P. Osier against the Atlas Assurance Company on a tornado policy. Peremptory instruction for the defendant, and from the judgment thereon the plaintiff appeal. The decisions in this case, under the pleadings narrows itself dmvn to the answer of the following clauses in the policy.
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Appeal from circuit court of Lauderdale county. Hon. J. D. Fati-ieree, Judge. Action by R. P. Osier against the Atlas Assurance Company on a tornado policy. Peremptory instruction for the defendant, and from the judgment thereon the plaintiff appeal. The decisions in this case, under the pleadings narrows itself dmvn to the answer of the following clauses in the policy. Did any change other than by death of the insured take place in the interest or title of the property insured? If this is answered affirmatively, appellant is not entitled to recover. If not, appellant is entitled to recover.…
1Opinion of the CourtHolden, J.
The appellant, Osier, sued the appellee, Assurance Company, on a tornado policy for one thousand dollars on a house destroyed by a cyclone of April 20, 1920; a peremptory instruction to.find for the defendant was granted in the lower court, from which judgment this appeal is prosecuted.
The tornado insurance policy among other things provides that — “In case of any fraud, false swearing, misrepresentation, or concealment by the insured touching any matter relating to this insurance or the subject thereof; or if any change, other than by the death of the insured, take place in the interest or…
2Cases cited5 opinions
- Erb v. German-American InsuranceSupreme Court of Iowa · 1897
- Garner v. Milwaukee Mechanics' InsuranceSupreme Court of Kansas · 1906
- Aetna Insurance v. AstonSupreme Court of Virginia · 1918
- Moseley v. Northwestern National InsuranceMissouri Court of Appeals · 1905
- International Wood Co. v. National Assurance Co.Supreme Judicial Court of Maine · 1904
3Cited by2 opinions
- Affiliated Investments, Inc. v. TurnerMississippi Supreme Court · 1976
- Bird v. SteinDistrict Court, S.D. Mississippi · 1952