Legal Opinion

Pearl Assur. Co. v. Hartford Fire Ins. Co.

Supreme Court of Alabama

Decided March 28, 1940No. 6 Div. 593PublishedCited by 8 opinions

1Opinion of the Court

FOSTER, Justice.

The questions here involved relate to the fact of liability by appellant under the terms of its policy for the fire loss of certain cotton; and, second, if such liability exists when its policy is considered in the light of the facts surrounding the parties and known to them, a proper apportionment of the loss so far as appellant is concerned, considered in the light of the existence of other insurance in that connection.

A bill in equity was filed by appellant, which we will sometimes refer to as “Pearl,” seeking a declaratory judgment to determine the questions which we have…

2Cases cited35 opinions

  1. Home Insurance v. Baltimore Warehouse Co.Supreme Court of the United States · 1876
  2. Deming & Co. v. Merchants' Cotton-press, etc., Co.Tennessee Supreme Court · 1891
  3. Continental Casualty Co. v. OgburnSupreme Court of Alabama · 1911
  4. Capital City Insurance v. JonesSupreme Court of Alabama · 1900
  5. Lesure Lumber Co. v. Mutual Fire InsuranceSupreme Court of Iowa · 1897

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3Cited by8 opinions

  1. United States Fire Ins. Co. v. HodgesSupreme Court of Alabama · 1963
  2. Ben-Hur Manufacturing Co. v. Firemen's Insurance Co. of New JerseyWisconsin Supreme Court · 1962
  3. COMMERCIAL STAND. INS. CO. v. General Trucking Co.Supreme Court of Alabama · 1982
  4. Fasullo v. AMERICAN DRUGGISTS'INSURANCE CO.Louisiana Court of Appeal · 1972
  5. Home Indem. Co. v. EMPLOYERS NAT. INS. CORP.Supreme Court of Alabama · 1990

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