National Fire Ins. Co. v. Oliver
Court of Appeals of Texas
Appeal from District Court, Upshur County; J. R. Warren, Judge. Action by Richard Oliver against the National Fire Insurance Company. From judgment for plaintiff, defendant appeals. Mrs. May Croley was the agent at Gilmer of the Northern Assurance Company and also of appellant. It appeared from the testimony of appellee as a witness that prior to December 23, 1915, he requested Mrs. 'Croley “to take his insurance and keep it up for him,” and that she agreed to do so.
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Appeal from District Court, Upshur County; J. R. Warren, Judge. Action by Richard Oliver against the National Fire Insurance Company. From judgment for plaintiff, defendant appeals. Mrs. May Croley was the agent at Gilmer of the Northern Assurance Company and also of appellant. It appeared from the testimony of appellee as a witness that prior to December 23, 1915, he requested Mrs. 'Croley “to take his insurance and keep it up for him,” and that she agreed to do so. On said December 23, 1915, acting for said Northern Assurance Company, Mrs. Croley issued a policy insuring, in the sum of…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above).
In support of the complaint made here that the trial court erred when he refused- to instruct the jury to find in appellant’s favor, it is insisted that it conclusively appeared from the testimony:(1) That the policy issued by appellant was not to be effective until the-one issued by the Northern Assurance Company was canceled,. We agree it so appeared.
[1] (2) That the policy issued by said assurance company had not been canceled when the fire occurred. The policy contained a provision that it might “be canceled at any time at the request of the insured, or…
2Cases cited8 opinions
- Todd v. German American InsuranceCourt of Appeals of Georgia · 1907
- Dibble v. Northern Assurance Co.Michigan Supreme Court · 1888
- Western Assurance Co. v. McAlpinIndiana Court of Appeals · 1899
- Phœnix Insurance v. StateSupreme Court of Arkansas · 1905
- Ferrar v. Western Assurance Co.California Court of Appeal · 1916
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Phœnix Ins. v. American Trust & Savings BankCourt of Appeals of Texas · 1923
- Westchester Fire Ins. Co. of New York v. CannonCourt of Appeals of Texas · 1934
- Security Nat. Fire Ins. Co. v. Gulf Ins. Co.Texas Commission of Appeals · 1931
- Automobile Insurance Co., of Hartford v. BuieCourt of Appeals of Texas · 1923
- L. Terry v. American Insurance Co.Supreme Court of Iowa · 1925
8 more not listed; retrieve them via the Exa API.