Legal Opinion
Day v. Fireman's Fund Ins. Co.
Court of Appeals for the Fifth Circuit
Decided November 3, 1933No. 6843PublishedCited by 14 opinions
1Opinion of the Court
HUTCHESON, Circuit Judge.
In defense of a lawsuit appellants had brought on a fire policy, appellee set up breach of the warranty of sole and unconditional ownership, in that the property, when insured, was incumbered, and the policy was without a mortgage clause. Appellants then brought this suit to reform the policy to make it read as the parties had agreed it should, and as, but for mutual mistake, it would have done. They alleged that the defense was unjust in the light of the real agreement they had had, and prayed speeifieally that the policy be reformed to carry a mortgage clause to…
2Cases cited6 opinions
- Philippine Sugar Estates Development Co. v. Government of the Philippine IslandsSupreme Court of the United States · 1918
- Lumber Underwriters of NY v. RifeSupreme Court of the United States · 1915
- Northern Assurance Co. of London v. Grand View Building Ass'nSupreme Court of the United States · 1906
- Sun Insurance Office v. ScottSupreme Court of the United States · 1931
- Central Union Telephone Co. v. City of EdwardsvilleSupreme Court of the United States · 1925
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Aetna Insurance Company v. PaddockCourt of Appeals for the Fifth Circuit · 1962
- Providence Washington Insurance Company v. Jacob Rabinowitz, Morris Rabinowitz, David Rabinowitz and Sol Goldstein, D/B/A Miami Diamond CenterCourt of Appeals for the Fifth Circuit · 1955
- Phoenix Indemnity Company and Joseph Jurisich Marine Service, Inc. v. Marquette Casualty CompanyCourt of Appeals for the Fifth Circuit · 1963
- Springfield Fire & Marine Ins. Co. of Springfield v. MartinCourt of Appeals for the Fifth Circuit · 1935
- St. Paul Fire & Marine Ins. v. JonesCourt of Appeals for the Fifth Circuit · 1938
9 more not listed; retrieve them via the Exa API.