Home Mutual Insurance v. O. R. & N. Co.
Oregon Supreme Court
Multnomah county: E. D. EShattuck, Judge. Plaintiff appeals. The complaint státes in substance that on the 30th day of April, 1888, the plaintiff had executed to one J. H. Koontz three insurance policies for the aggregate amount of $20,000 on his mill and its contents at Echo, Oregon; that on that date the said mill and its contents were totally destroyed by fire caused by the negligence of the defendant; that on May 22, 1888, and June 1, 1888, upon proof of loss, the…
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Multnomah county: E. D. EShattuck, Judge. Plaintiff appeals. The complaint státes in substance that on the 30th day of April, 1888, the plaintiff had executed to one J. H. Koontz three insurance policies for the aggregate amount of $20,000 on his mill and its contents at Echo, Oregon; that on that date the said mill and its contents were totally destroyed by fire caused by the negligence of the defendant; that on May 22, 1888, and June 1, 1888, upon proof of loss, the plaintiff paid said Koontz the amount of said policies in full, and that the value of said property so destroyed was the surn…
1Opinion of the CourtLord, J.
— The question presented by the contention for the plaintiff is, that if a loss under a policy of fire insurance is caused by the wrongful act of a third person, the insurer, upon making payment to the insured pro tanto, is subrogated to the rights and remedies of the insured, and may maintain against the wrongdoer an action in his own name, and need not prosecute it in the name of the insured.
This action is brought by the plaintiff in its own right, upon the assumption that the effect of the insurance was to create in the plaintiff a pecuniary interest in the property insured, and that when…
2Cases cited5 opinions
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
- Hall & Long v. Railroad Cos.Supreme Court of the United States · 1872
- Connecticut Fire Insurance v. Erie Railway Co.New York Court of Appeals · 1878
- Swarthout v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
- Rockingham Mutual Fire Ins. v. BosherSupreme Judicial Court of Maine · 1855
3Cited by26 opinions
- Harrington v. Central States Fire Ins. Co.Supreme Court of Oklahoma · 1934
- National Fire Ins. Co. v. MoganOregon Supreme Court · 1949
- Furrer v. Yew Creek Logging Co.Oregon Supreme Court · 1956
- Cushman & Rankin Co. v. Boston & Maine RailroadSupreme Court of Vermont · 1909
- National Union Fire Insurance v. Denver & R. G. R. Co.Utah Supreme Court · 1913
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