Legal Opinion

Commercial Fire Ins. v. Allen

Supreme Court of Alabama

Decided December 15, 1886PublishedCited by 49 opinions

Appeal from Limestone Circuit Court. Tried before the Hon. H. O. Speaks. This action was brought by Benj. L. Allen, Maria Allen, and James W. Allen against the Commercial Fire Insurance Company, of Montgomery, Ala., to recover the damages alleged to have been sustained by the plaintiffs by fire upon a brick store house in the town of Athens, and against which said damage they claimed to be insured by the defendant.

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Appeal from Limestone Circuit Court. Tried before the Hon. H. O. Speaks. This action was brought by Benj. L. Allen, Maria Allen, and James W. Allen against the Commercial Fire Insurance Company, of Montgomery, Ala., to recover the damages alleged to have been sustained by the plaintiffs by fire upon a brick store house in the town of Athens, and against which said damage they claimed to be insured by the defendant. The contention was as to the scope of the stipulations in the policy issued by the defendant — whether it covered an awning in front of the building and the shelving therein —…

1Opinion of the CourtStone, C. J.

The present action is founded on a policy, insuring real property against destruction or damage by fire. The property is described in the policy as follows : “ Brick one-story, iron-roofed building, * * occupied by S. Tanner & Son, family groceries, and after January 1, 1882, to be occupied by Henry Warten, and used as a family grocery store.” The policy bears date December 17, 1881, and insures the property for one year. On the 4th February, 1882, the house was partially injured by the burning of a store contiguous to it, and on the 24th of the same month the present action .was instituted.…

2Cases cited26 opinions

  1. Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
  2. Cross v. StateSupreme Court of Alabama · 1881
  3. The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
  4. Columbian Insurance Co. of Alexandria v. LawrenceSupreme Court of the United States · 1829
  5. Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836

21 more not listed; retrieve them via the Exa API.

3Cited by49 opinions

  1. Syndicate Insurance v. CatchingsSupreme Court of Alabama · 1893
  2. Childress v. StateSupreme Court of Alabama · 1888
  3. Loventhal v. Home InsuranceSupreme Court of Alabama · 1895
  4. Providence Washington Insurance v. WolfIndiana Supreme Court · 1907
  5. Taber v. Royal InsuranceSupreme Court of Alabama · 1899

44 more not listed; retrieve them via the Exa API.

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