Holden v. Law Union & Rock Ins.
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice McBride. This is a suit by John G. .Holden against the Law Union & Rock Insurance Company, to reform an insurance policy issued by defendant, before attempting a recovery for loss by fire. The facts are as follows: Plaintiff was the lessee of a flower store and greenhouses in Portland, Oregon.
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From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice McBride. This is a suit by John G. .Holden against the Law Union & Rock Insurance Company, to reform an insurance policy issued by defendant, before attempting a recovery for loss by fire. The facts are as follows: Plaintiff was the lessee of a flower store and greenhouses in Portland, Oregon. The greenhouses were constructed of glass framed in wood, and were the property of George Often, who also owned the lot upon which they were situated. Plaintiff owned furniture, fixtures, implements, and tools of trade valued at $2,960.70.…
1Opinion of the CourtJustice McBride
delivered'the opinion of the court.
1, 2. If there was a mutual mistake of the parties, whereby the property insured was mis-described, there is no question as to the power of a court of equity to reform, and enforce the payment of the policy as reformed. German Insurance Co. v. Gueck, 130 Ill. 345 (23 N. E. 112: 6 L. R. A. 835); Fitchner v. Fidelity Ins. Co., 103 Iowa, 276 (72 N. W. 530); National Trades Bank v. Ocean Ins. Co., 62 Me. 519. Nor is the failure of the insured to examine his policy a bar to such a suit. Hay v. Star Ins. Co., 77 N. Y. 240 (33 Am. Rep. 607).
3. This leaves but one…
2Cases cited5 opinions
- Hay v. . Star Fire Insurance CompanyNew York Court of Appeals · 1879
- George H. Fitchner & Co. v. Fidelity Mutual Fire Ass'nSupreme Court of Iowa · 1897
- German Fire Insurance v. GueckIllinois Supreme Court · 1889
- Commonwealth v. McDonnoughMassachusetts Supreme Judicial Court · 1890
- National Traders Bank v. Ocean InsuranceSupreme Judicial Court of Maine · 1872
3Cited by6 opinions
- Wolfgang v. Henry Thiele Catering Co.Oregon Supreme Court · 1929
- Commercial Casualty Ins. Co. v. ConnelleeSupreme Court of Oklahoma · 1932
- Kroschel v. Martineau Hotels, Inc.Oregon Supreme Court · 1933
- Security Insurance Co. v. DealSupreme Court of Oklahoma · 1936
- Gregan v. Northwestern Ins.Oregon Supreme Court · 1917
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