Peninsula Lum. Co. v. Royal Indemnity Co.
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Department 1. Tbis is a suit by the insured to correct an alleged mistake in an indemnity policy issued by the defendant. The plaintiff was engaged in the manufacture of lumber and took the insurance to save it harmless against damages it might be compelled to pay to employees injured in its service.
Read the full summary
From Multnomah: Calvin U. Gantenbein, Judge. Department 1. Tbis is a suit by the insured to correct an alleged mistake in an indemnity policy issued by the defendant. The plaintiff was engaged in the manufacture of lumber and took the insurance to save it harmless against damages it might be compelled to pay to employees injured in its service. The policy was issued in consideration of a money premium deposited and, as worded in the instrument, “of the statements contained in the schedule indorsed hereon, which statements the insured by the acceptance of this policy warrants to be true and…
1Opinion of the CourtBurnett, J.
1. In effect, the plaintiff alleges a mutual mistake in the writing and the defendant denies this. As this is the issue, it is incumbent upon the plaintiff to prove the affirmative of the same by a preponderance of the evidence. Without dispute, it clearly appears that a former policy of the same nature, issued to the plaintiff by another company on the same risk, had been canceled, all within the knowledge of the plaintiff, and that nothing was said by its representatives to those of the defendant about this during the negotiations for the policy in suit. The instrument was written by a…
2Cases cited29 opinions
- Hubbard & Spencer v. Hartford Fire Ins.Supreme Court of Iowa · 1871
- Johnson v. JohnsonIdaho Supreme Court · 1908
- De Grove v. . Metropolitan Ins. Co.New York Court of Appeals · 1875
- Lewis v. LewisOregon Supreme Court · 1874
- Hyland v. HylandOregon Supreme Court · 1890
24 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Wolfgang v. Henry Thiele Catering Co.Oregon Supreme Court · 1929
- Harman v. Yeager Et Ux.Utah Supreme Court · 1943
- Lange v. AllenOregon Supreme Court · 1926
- Rosenberg Suit & Coat Co. v. General Accident Fire & Life Assur. Corp.Oregon Supreme Court · 1920