Legal Opinion

West v. Norwich Union Fire Insurance Society

Utah Supreme Court

Decided July 27, 1894No. 506PublishedCited by 16 opinions

Appeal from' the District Court of the Fourth Judicial District, Hon. James A. Miner, Judge. Action by Perry C. West against the Norwich Union Fire Insurance Society to recover the amount of an insurance policy. From a judgment for plaintiff, defendant appeals. The uncontradicted proof shows that respondent has other or additional insurance, and that permission therefor was not endorsed upon the policy sued upon and for that reason he cannot recover. Van Tassel v. Ins.

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Appeal from' the District Court of the Fourth Judicial District, Hon. James A. Miner, Judge. Action by Perry C. West against the Norwich Union Fire Insurance Society to recover the amount of an insurance policy. From a judgment for plaintiff, defendant appeals. The uncontradicted proof shows that respondent has other or additional insurance, and that permission therefor was not endorsed upon the policy sued upon and for that reason he cannot recover. Van Tassel v. Ins. Go., 27 Atl. Eep. 641; Carpenter v. Ins. Go., 16 Pet. (U. S.) 495-511; Ins. Go. v. Heidrick, 46 N, W. Rep. 481; Hess v. Ins.…

1Opinion of the Court

Babtoh, J.:

Certain property belonging to the plaintiff having been destroyed by fire, he brought this action to recover the amount of an insurance policy issued thereon by the defendant. The jury returned a verdict assessing the plaintiff's damages at $1,600, and judgment was rendered thereon accordingly. Upon the overruling of a motion for a new trial, the defendant appealed both from the judgment and order denying a new trial.

It appears from the record, substantially, that the policy sued upon was issued by the defendant company on the 6th day of February, 1892, and was a renewal of a…

2Cases cited8 opinions

  1. Westchester Fire Insurance v. EarleMichigan Supreme Court · 1876
  2. Continental Insurance v. RuckmanIllinois Supreme Court · 1889
  3. Weed v. London & Lancashire Fire InsuranceNew York Court of Appeals · 1889
  4. Kahn v. Traders InsuranceWyoming Supreme Court · 1893
  5. New Orleans Insurance v. GriffinTexas Supreme Court · 1886

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

3Cited by16 opinions

  1. Corporation of the Royal Exchange Assurance v. FranklinSupreme Court of Georgia · 1924
  2. Eagle Fire Co. v. LewallenSupreme Court of Florida · 1908
  3. Western Nat. Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
  4. Western Reciprocal Underwriters' Exchange v. CoonSupreme Court of Oklahoma · 1913
  5. Spalding v. New Hampshire Fire InsuranceSupreme Court of New Hampshire · 1902

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