Stephens v. Union Assurance Society
Utah Supreme Court
Appeal from the Second district court,- ’Weber county. H. H. Eolapp, Judge. Action by Elizabeth J. Stephens on a fire insurance policy against the Union Assurance Society. From a judgment for plaintiff, defendant appeals. The policy provides, “ This company shall not be liable for loss caused, directly or indirectly, by invasion, insurrection, riot, civil war, etc.”
Read the full summary
Appeal from the Second district court,- ’Weber county. H. H. Eolapp, Judge. Action by Elizabeth J. Stephens on a fire insurance policy against the Union Assurance Society. From a judgment for plaintiff, defendant appeals. The policy provides, “ This company shall not be liable for loss caused, directly or indirectly, by invasion, insurrection, riot, civil war, etc.” This fire might have been occasioned by some of these causes, and the complaint is fatally defective in not averring that it did not. Pelican Fire Insurance Co. v. Troy Ass’n, 77 Tex. 225; Clark v. Ins. Co., 36 Cal. 168; Abb.…
1Opinion of the Court
Miner, J.:
On May 2, 1896, plaintiff filed her complaint, to recover upon the policy of insurance issued to her by the defendant on November 18, 1895, upon certain personal property, owned by plaintiff, of the value of $4,000. The policy of insurance, with its conditions, is set out in the complaint, and made a part of it. It is alleged that the properly was insured against loss by fire for one year, in the sum of $1,500; that the property was destroyed by fire December 15, 1895, to plaintiff’s loss in the sum of $1,500; that proofs of loss and interest were duly served. The. complaint further…
2Cases cited5 opinions
- Uhrig v. . Williamsburgh City Fire Ins. Co.New York Court of Appeals · 1886
- Wainer v. Milford Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1891
- Home Fire Insurance v. KennedyNebraska Supreme Court · 1896
- West v. Norwich Union Fire Insurance SocietyUtah Supreme Court · 1894
- Hong Sling v. National Assurance Co.Utah Supreme Court · 1891
3Cited by12 opinions
- Ammerman Ex Rel. Ammerman v. Farmers Insurance ExchangeUtah Supreme Court · 1967
- School District No. 1 v. Globe & Republic Insurance Co. of AmericaMontana Supreme Court · 1965
- Terra Industries, Inc. v. Commonwealth Insurance Co. of AmericaDistrict Court, N.D. Iowa · 1997
- Western Reciprocal Underwriters' Exchange v. CoonSupreme Court of Oklahoma · 1913
- Keesling v. Western Fire InsuranceCourt of Appeals of Washington · 1974
7 more not listed; retrieve them via the Exa API.