Legal Opinion

City of New York Ins. Co. v. Gugenheim

Court of Appeals of Texas

Decided July 14, 1928No. 693PublishedCited by 6 opinions

1Opinion of the CourtBarcus, J.

Defendant in error instituted this suit, seeking to recover from plaintiff in error damages which he claimed to have suffered to his home by reason of a fire. There was no controversy about tbe policies of insurance being issued, tbe fact that defendant in error had suffered damages, or the amount thereof; plaintiff in error’s sole contentions being that the fire which caused the damage was a “friendly” fire, and, further, that there was no actual burning, but that the only damage was from smoke and soot. Defendant in error’s home was equipped with an oihburning furnace, which was so arranged…

2Cases cited4 opinions

  1. Way v. Abington Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1896
  2. Reliance Insurance Co. v. NamanTexas Supreme Court · 1928
  3. Pappadakis v. Netherlands Fire & Life InsuranceWashington Supreme Court · 1926
  4. Cabbell v. Milwaukee Mechanics InsuranceMissouri Court of Appeals · 1924

3Cited by6 opinions

  1. Mid-Continent Casualty Co. v. Safe Tire Disposal Corp., Texas Court of Appeals, 10th District (Waco)2000
  2. Mode, Ltd. v. Fireman's Fund InsuranceIdaho Supreme Court · 1941
  3. Progress Laundry & Cleaning Co. v. Reciprocal ExchangeCourt of Appeals of Texas · 1937
  4. Coryell v. Old Colony InsuranceNebraska Supreme Court · 1929
  5. First Christian Church v. Hartford Mutual Ins. Co.Court of Appeals of Tennessee · 1954

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