Couch v. City Fire Insurance
Supreme Court of Connecticut
Assumpsit on a policy of insurance, tried in tlie Superior Court on the general issue closed to the jury, with notice of special matters of defence.
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Assumpsit on a policy of insurance, tried in tlie Superior Court on the general issue closed to the jury, with notice of special matters of defence. The defendants were incorporated with power to insure against loss or damage by fire, -with, a charter containing the following provision: “ If there shall be any other insurance upon the whole or any part of the property insured by any policy issued by said company, during the whole or any part of the time specified in such policy, then every such policy shall be void, unless such double insurance shall exist by consent of said company, indorsed…
1Opinion of the CourtPark, J.
Whatever may be thought of most of the questions involved in this case, we think there is one which is clearly fatal to the plaintiffs’ claim; and we shall therefore confine our attention to that question alone.
The twelfth section of the charter of the defendants provides that “ if there shall be any other insurance upon the whole or any part of the property insured by any policy issued bv said company, during the whole or any part of the time specified in such policy, then every such policy shall be void, unless such double insurance shall exist by consent of said company, indorsed upon the…
2Cases cited4 opinions
- Head & Amory v. Providence Ins. Co.Supreme Court of the United States · 1804
- City of New London v. BrainardSupreme Court of Connecticut · 1852
- Hood v. New York & New Haven RailroadSupreme Court of Connecticut · 1852
- Occum Co. v. A. & W. Sprague Manufacturing Co.Supreme Court of Connecticut · 1868
3Cited by5 opinions
- Westchester Fire Insurance v. EarleMichigan Supreme Court · 1876
- Leonard v. American InsuranceIndiana Supreme Court · 1884
- Morgan v. American Central InsuranceWest Virginia Supreme Court · 1917
- St. Louis Police Relief Ass'n v. TierneyMissouri Court of Appeals · 1906
- Arnold v. Insurance Co.Tennessee Supreme Court · 1901