Dickerman v. Vt. Mut. Fire Ins.
Supreme Court of Vermont
Assumpsit upon a policy of fire insurance. Heard upon demurrer, at the May term, 1894, Washington county, Thompson, J., presiding. Demurrer overruled and declaration adjudged sufficient. The defendant excepts. ' Exceptions passed to supreme court before trial. c The declaration must aver an insurable interest. £>it,arrier v. Peabody Life Ins. Co., 10 W. Va. 507 ; Royal Ins. Co. v. Horton, 14 Ins. L. J. 871 (Ky.) ; Phoenix Ins. Co. v. Benton, 87 Ind. 132; Home Ins.
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Assumpsit upon a policy of fire insurance. Heard upon demurrer, at the May term, 1894, Washington county, Thompson, J., presiding. Demurrer overruled and declaration adjudged sufficient. The defendant excepts. ' Exceptions passed to supreme court before trial. c The declaration must aver an insurable interest. £>it,arrier v. Peabody Life Ins. Co., 10 W. Va. 507 ; Royal Ins. Co. v. Horton, 14 Ins. L. J. 871 (Ky.) ; Phoenix Ins. Co. v. Benton, 87 Ind. 132; Home Ins. Co. v. Duke, 75 Ind. 535 ; PEtna Ins. Co. v. Kettles, 81 Ind. 96. There is no allegation that proofs of loss have been made, and…
1Opinion of the CourtRowell, J.
The question in these cases being the same, they were heard together.
The statement in the counts demurred to, that the policies and applications are referred to and made a part thereof, does not, as is conceded, make those instruments a part of the counts.
It is essential to the sufficiency of the counts that they should allege an insurable interest in the plaintiffs at the time the policies were issued and also at the time of loss.
In respect to the time of issuing the policies, it is alleged that the defendants promised the plaintiffs to pay them certain sums of money named if their…
2Cited by6 opinions
- Northwestern National Insurance v. Southern States Phosphate & Fertilizer Co.Court of Appeals of Georgia · 1917
- Gustin v. Concordia Fire InsuranceSupreme Court of Missouri · 1901
- Gustin v. Concordia Fire InsuranceCourt of Appeals of Kansas · 1899
- Davis v. New England Fire InsuranceSupreme Court of Vermont · 1897
- Saxe v. City of BurlingtonSupreme Court of Vermont · 1898
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