Hardwick v. State Insurance
Oregon Supreme Court
Yamhill county: R. P. Boise, Judge. Defendant appeals. This is an action to recover the sum of one thousand dollars on a preliminary oral contract for insurance alleged to have been made by defendant.
Read the full summary
Yamhill county: R. P. Boise, Judge. Defendant appeals. This is an action to recover the sum of one thousand dollars on a preliminary oral contract for insurance alleged to have been made by defendant. The complaint in substance alleges that on March 6, 1889, defendant executed and delivered to plaintiff its certain policy by which it agreed to and did insure against loss by fire for the term of three years from that date the following described property, to wit: “On plaintiff’s dwelling or residence, $700; on beds and bedding while in said house, $200; on household furniture in said house,…
1Opinion of the CourtBean, J.
— It is contended by appellant that the complaint does not state facts sufficient to constitute a cause of action because (1) it does not allege that the plaintiff had any insurable interest in the property at the time of the loss; (2) it appears that both parties contemplated an agreement in writing which was never executed, and (3) it is not alleged that plaintiff either paid or tendered the premium agreed upon for the second policy. The rule is well settled that in fire insurance the assured must have an insurable interest in the property both at the time of the insurance and at the time…
2Cases cited20 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
- Ruse v. . the Mutual Benefit Life Insurance CompanyNew York Court of Appeals · 1861
- City of Davenport v. Peoria Marine & Fire InsuranceSupreme Court of Iowa · 1864
- Ellis v. . Albany City Fire Insurance Co.New York Court of Appeals · 1872
15 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Austin Fire Ins. Co. v. Adams-Childers Co.Texas Commission of Appeals · 1923
- Higgins v. Insurance Company of North AmericaOregon Supreme Court · 1970
- Neppach v. Oregon & Cal. RailroadOregon Supreme Court · 1905
- Huppert v. WolfordIdaho Supreme Court · 1966
- Nertney v. National Fire InsuranceSupreme Court of Iowa · 1925
36 more not listed; retrieve them via the Exa API.