Legal Opinion

Phenix Insurance v. Holcombe

Nebraska Supreme Court

Decided February 9, 1899No. 8664PublishedCited by 12 opinions

Error, from the district court of Dawson county. Tried below before Greene, J. Notice to Hopkins would not establish a waiver of the provision of the policy against additional insurance without consent thereto in writing indorsed on the policy. {Eagle Fire Go. v. Globe Loan & Trust Go. 44 Neb. 380; German Ins. Go. v. Ileiduk, 30 Neb. 288; Hughes v. Insurance Go. of North America, 40 Neb. 626; Burlington Ins. Go. v. Campbell, 42 Neb. 208; Phenix Ins.

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Error, from the district court of Dawson county. Tried below before Greene, J. Notice to Hopkins would not establish a waiver of the provision of the policy against additional insurance without consent thereto in writing indorsed on the policy. {Eagle Fire Go. v. Globe Loan & Trust Go. 44 Neb. 380; German Ins. Go. v. Ileiduk, 30 Neb. 288; Hughes v. Insurance Go. of North America, 40 Neb. 626; Burlington Ins. Go. v. Campbell, 42 Neb. 208; Phenix Ins. Go. v. Govci/j 41 Neb. 724; Kitchen v. Hartford Fire Ins. Go., 57 Mich. 135; Home Fire Ins. Go. v. Hamming, 44 Neb. 566; O’Leary v. Merchants cG…

1Opinion of the CourtSullivan, J.

January 18, 1893, the Phenix Insurance Company issued to the Gothenburg Overall & Shirt Factory a policy of insurance in the sum of $1,500. Of this amount $750 was upon electric motors, sewing machines, and other implements used in the factory, and $750 on merchandise, consisting of raw materials and manufactured articles. When the policy was issued the concern insured was a partnership composed of Holcombe, Reynolds, and Beyers. Reynolds was also defendant’s local agent and transacted its ordinary business at Gothenburg. In July, 1893, Holcombe bought Reynolds’ interest in the business, and…

2Cases cited9 opinions

  1. Lockwood v. Middlesex Mutual Assurance Co.Supreme Court of Connecticut · 1880
  2. Va. Fire & Marine Insurance v. VaughanSupreme Court of Virginia · 1892
  3. Gibb v. Philadelphia Fire Ins.Supreme Court of Minnesota · 1894
  4. Eagle Fire Co. v. Globe Loan & Trust Co.Nebraska Supreme Court · 1895
  5. Slobodisky v. Phenix Insurance Co.Nebraska Supreme Court · 1897

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

3Cited by12 opinions

  1. Arnold v. American Insurance Co.California Supreme Court · 1906
  2. Hilmer v. Western Travelers Accident Ass'nNebraska Supreme Court · 1910
  3. George v. Aetna Casualty & Surety Co.Nebraska Supreme Court · 1931
  4. Arendt v. North American Life InsuranceNebraska Supreme Court · 1922
  5. Marti v. Midwest Life InsuranceNebraska Supreme Court · 1922

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

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