Legal Opinion
Richard D'Aigle Co. v. Western Ins.
Supreme Court of Louisiana
Decided February 23, 1915No. 21019PublishedCited by 4 opinions
Certiorari to Court of Appeal, Parish of Calcasieu. Action by the Richard D’Aigle Company, Limited, against the Western Insurance Company of Pittsburg. A judgment for defendant was reversed by the Court of Appeal, and defendant applies for certiorari or writ of review.
1Opinion of the CourtSommerville, J.
Plaintiff’s claim is on a New York standard fire insurance policy. It is resisted by the company on two conditions contained in the policy, namely:
“This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof; or if the interest of the insured in the property be not truly stated therein; or in case of any fraud or false swearing by the insured touching any matter relating to this insurance or the subject thereof, whether before or after a loss”
—and for the violation…
2Cases cited4 opinions
- Imperial Fire Insurance v. Coos CountySupreme Court of the United States · 1894
- Claflin v. Commonwealth InsuranceSupreme Court of the United States · 1884
- Alfred Hiller Co. v. Insurance Co. of North AmericaSupreme Court of Louisiana · 1910
- Jones & Pickett, Ltd. v. Michigan Fire & Marine Ins.Supreme Court of Louisiana · 1913
3Cited by4 opinions
- Garnier v. Aetna Ins. Co. of Hartford, Conn.Supreme Court of Louisiana · 1935
- Buccola v. National Fire Ins. Co. of HartfordLouisiana Court of Appeal · 1931
- Perrin v. Stuyvesant Ins.Supreme Court of Louisiana · 1917
- Gulf Insurance v. ChandlerDistrict Court, W.D. Louisiana · 1961