L'Engle v. Scottish Union & National Fire Insurance
Supreme Court of Florida
This case was decided by Division B. Writ of error to the Circuit Court for Duval county. Statement. On July 25, 1901, plaintiff in error began an action against the defendant in error in the Circuit Court of Duval county to recover upon a fire insurance policy. There was a verdict and judgment for defendant, from which this writ of error was taken by the plaintiff. The original declaration contains three counts.
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This case was decided by Division B. Writ of error to the Circuit Court for Duval county. Statement. On July 25, 1901, plaintiff in error began an action against the defendant in error in the Circuit Court of Duval county to recover upon a fire insurance policy. There was a verdict and judgment for defendant, from which this writ of error was taken by the plaintiff. The original declaration contains three counts. The first is substantially in the form prescribed by chapter 4935, act approved May 31, 1901. It makes no reference to other insurance upon the property. It claims attorneys’ fees…
1Opinion of the CourtCarter, P. J.
(after stating the facts'). — The rulings upon the motion to strike that portion of the first count *89relating to attorneys’ fees, and upon the demurrer to the third count of the original declaration which also claimed attorneys’ fees, are erroneous for the reason that chap. 4173, act approved June 3rd, 1893, authorizes such recovery in cases of this kind. That act was not repealed by chap. 4677, approved May 31st, 1899, nor is it repugnant to any provision of the constitution of this State or the constitution of the United States. This was expressly decided in Hartford Fire Insurance Co. v.…
Also in this document: Dissent.
2Cases cited13 opinions
- McMaster v. New York Life InsuranceSupreme Court of the United States · 1901
- Reed v. Insurance Co.Supreme Court of the United States · 1877
- Hagan v. Scottish InsuranceSupreme Court of the United States · 1902
- East Texas Fire Insurance v. BlumTexas Supreme Court · 1890
- Hartford Fire Insurance v. ReddingSupreme Court of Florida · 1904
8 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Anthony D. Duke v. Joel Hoch, Home Indemnity Company, Garnishee-AppelleeCourt of Appeals for the Fifth Circuit · 1973
- Jacobs v. ParodiSupreme Court of Florida · 1905
- National Surety Co. v. WilliamsSupreme Court of Florida · 1917
- Rathbun v. Globe Indemnity Co.Nebraska Supreme Court · 1921
- Corporation of Roman Catholic Church v. Royal InsuranceSupreme Court of Louisiana · 1925
25 more not listed; retrieve them via the Exa API.