Legal Opinion

Springfield Fire & Marine Insurance v. Chandler

Court of Appeals for the D.C. Circuit

Decided December 1, 1913No. 2558Published

Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of- Columbia, on verdict, in an action upon an insurance policy issued, by defendant on plaintiff’s automobile.' ■. The Court in the opinion stated the facts as follows: Appeal from a judgment for the plaintiff, Harris Ellis Chandlee, in the supreme court of the District in a suit upon a policy of insurance issued by the Springfield Eire & Marine Insurance Company, defendant, appellant…

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Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of- Columbia, on verdict, in an action upon an insurance policy issued, by defendant on plaintiff’s automobile.' ■. The Court in the opinion stated the facts as follows: Appeal from a judgment for the plaintiff, Harris Ellis Chandlee, in the supreme court of the District in a suit upon a policy of insurance issued by the Springfield Eire & Marine Insurance Company, defendant, appellant here, to cover plaintiff’s automobile. On June 29, 1911, plaintiff purchased a Marion automobile from a Mr. Ebersole.…

1Opinion of the CourtJustice Robb

That the provision upon which the defendant relies to void this policy is reasonable and competent for the parties to agree upon is settled. Dumas v. Northwestern Nat. Ins. Co. 12 App. D. C. 245, 40 L.R.A. 358; Northern Assur. Co. v. Grand View Bldg. Asso. 183 U. S. 308, 46 L. ed. 213, 22 Sup. Ct. Rep. 133. The sole question therefore is whether, by said instrument of July 5, 1911, plaintiff encumbered the insured property. If he did, the company had a right to insist'that its liability under the policy was thereby terminated. Hunt v. Springfield F. & M. Ins. Co. 20 App. D. C. 48. Admittedly,…

2Cases cited10 opinions

  1. Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
  2. Slocum v. New York Life InsuranceSupreme Court of the United States · 1913
  3. Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
  4. Collerd v. TullySupreme Court of New Jersey · 1911
  5. Fournier v. WilsonSupreme Court of Rhode Island · 1893

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