Phœnix Insurance v. State
Supreme Court of Arkansas
Appeal from Cleveland Chancery Court. John M. Eeeiott, Chancellor. STATEMENT BY THE COURT. This is a suit brought in the chancery court by the State of Arkansas for the use of the Saline River Shingle & Cumber Company, a domestic corporation, against the Phoenix Insurance Company, of Brooklyn, a- foreign insurance corporation doing business in the State, and the sureties on its bond, to reform a policy and to recover the amount thereof, $2,000 and interest, on account of…
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Appeal from Cleveland Chancery Court. John M. Eeeiott, Chancellor. STATEMENT BY THE COURT. This is a suit brought in the chancery court by the State of Arkansas for the use of the Saline River Shingle & Cumber Company, a domestic corporation, against the Phoenix Insurance Company, of Brooklyn, a- foreign insurance corporation doing business in the State, and the sureties on its bond, to reform a policy and to recover the amount thereof, $2,000 and interest, on account of loss by fire. Reformation of the policy is sought in two respects, viz.: First, that it was by mistake written to and in…
1Opinion of the Court
McCuleoch, J.,
(after stating the facts.) An insurance policy, like any' other contract, which by reason by mistake in its execution does not conform to the real agreement of the parties, may be reformed in a court of equity. Thompson v. Insurance Company, 136 U. S. 287, 10 Sup. Ct. 1019, 34 L. Ed. 408; Snell v. Insurance Company, 98 U. S. 85, 25 L. Ed. 52; Jamison v. State Insurance Company, 85 Iowa, 229, 52 N. W. 185. The proof fully warranted the decree of the court reforming the policy in the particulars specified. The testimony is undisputed that a mistake was made in writing the policy…
2Cases cited11 opinions
- Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
- Snell v. Insurance Co.Supreme Court of the United States · 1878
- Dibble v. Northern Assurance Co.Michigan Supreme Court · 1888
- Michigan Pipe Co. v. Michigan Fire & Marine InsuranceMichigan Supreme Court · 1892
- Jamison v. State InsuranceSupreme Court of Iowa · 1892
6 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- American-Traders' Nat. Bank v. HendersonSupreme Court of Alabama · 1931
- Ferrar v. Western Assurance Co.California Court of Appeal · 1916
- Allemania Fire Insurance v. ZwengSupreme Court of Arkansas · 1917
- Insurance Underwriters' Agency of the Insurance Co. of Pennsylvania v. PrideSupreme Court of Arkansas · 1927
- American Casualty Co. v. HambletonSupreme Court of Arkansas · 1961
25 more not listed; retrieve them via the Exa API.