Schroeder v. Imperial Insurance
California Supreme Court
APPEAL from a judgment of the Superior Court of the City and County of San Francisco. George H. Bahrs, Judge. The policy sued upon was issued to Celestia Priest, and by her assigned to Philip G. Schroeder. The forfeiture clause of the policy began with the words: “ This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void, if,” etc., followed by many enumerated conditions, of which the clause in question was one.
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APPEAL from a judgment of the Superior Court of the City and County of San Francisco. George H. Bahrs, Judge. The policy sued upon was issued to Celestia Priest, and by her assigned to Philip G. Schroeder. The forfeiture clause of the policy began with the words: “ This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void, if,” etc., followed by many enumerated conditions, of which the clause in question was one. Further facts are stated in the opinion of the court.
1Opinion of the CourtHarrison,j.
—Action upon a policy of fire insurance. The plaintiff’s right of recovery depends upon the construction to be given to the following clause in the policy: “This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void, ... if, with the knowledge of the insured, foreclosure proceedings be commenced, or notice given of sale of any property covered by this policy, by virtue of any mortgage or trust deed.” The policy was issued November 6, 1893, for the term of three years. At that time the dwelling-house, which was a portion of the insured property,…
2Cases cited8 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Quinlan v. Providence Washington InsuranceNew York Court of Appeals · 1892
- Gibson Electric Co. v. Liverpooland London & Globe InsuranceNew York Court of Appeals · 1899
- Norris v. Hartford Fire InsuranceSupreme Court of South Carolina · 1899
- Meadows v. Hawkeye InsuranceSupreme Court of Iowa · 1883
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- J. I. Kelly Co. v. Saint Paul Fire & Marine InsuranceSupreme Court of Florida · 1908
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