Firemen's Insurance v. Crandall
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKinstry. This action was brought by Lyman S. Crandall, against the appellant, to recover the value of certain drugs, medicines, &c., which were destroyed by fire while covered by a policy of insurance effected with the appellant.
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Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKinstry. This action was brought by Lyman S. Crandall, against the appellant, to recover the value of certain drugs, medicines, &c., which were destroyed by fire while covered by a policy of insurance effected with the appellant. Among the conditions annexed to the policy was the following: “ Persons sustaining loss or damage by fire, shall forthwith give notice thereof, in writing, to the company, and, as soon after as possible, shall deliver an account of their loss and damage, at the cash value, with all the particulars as…
1Opinion of the CourtRice, C. J.
—The charge given by the court was excepted to, only “in so far as it related to the question of waiver; ” and so far as it relates to that question, it is fully sustained by the authorities. In fire, as well as in marine insurance, formal defects in preliminary proof may be supplied, whenever objection to pay a loss is put upon that ground. If the underwriters mean to insist upon such a defect, “.they should apprise the assured that they consider the preliminary proofs defective in that particular, or put their refusal to pay upon that ground as well as others, so as to give the assured an…
2Cases cited3 opinions
- Columbian Insurance Co. of Alexandria v. LawrenceSupreme Court of the United States · 1829
- Turley v. North American Fire InsuranceNew York Supreme Court · 1841
- King v. PopeSupreme Court of Alabama · 1856
3Cited by10 opinions
- Taber v. Royal InsuranceSupreme Court of Alabama · 1899
- Liverpool London Globe Ins. Co. v. McCreeSupreme Court of Alabama · 1925
- Ray v. Fidelity-Phoenix Fire Ins.Supreme Court of Alabama · 1914
- Western Home Insurance v. RichardsonNebraska Supreme Court · 1894
- Shears v. All States Life Ins. Co.Supreme Court of Alabama · 1942
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