Hamilton v. Phoenix Ins. Co. of Hartford
Court of Appeals for the Sixth Circuit
In Error to the Gircnit Court of the United States for the Western Division of the Southern District of Ohio. This was an action by Robert Hamilton (for whom his executors, Cora B. Hamilton and John W. Bryant, have been substituted) against-the Phoenix Insurance Company on a policy of fire insurance.
Read the full summary
In Error to the Gircnit Court of the United States for the Western Division of the Southern District of Ohio. This was an action by Robert Hamilton (for whom his executors, Cora B. Hamilton and John W. Bryant, have been substituted) against-the Phoenix Insurance Company on a policy of fire insurance. Robert Hamilton, the testator of the plaintiffs in error, filed his petition against the defendant in error, the Phoenix Insurance Company of Hartford, Conn., seeking to recover a judgment for the loss under a fire insurance policy in. the sum of $2,500. At the close of the evidence the court…
1Opinion of the CourtTaft, Circuit Judge
In the case of Insurance Co. v. Hamilton, reported in 8 C. C. A. 114, 59 Fed. 258, it was held by this court, all the judges concurring, that the joint demand for a joint, appraisal by the 12 insurance companies contained in the joint correspondence was not within the ternas of the policy of the Connecticut Fire Insurance Company providing for an appraisal, for the reason that such a policy stipulated for a separate appraisal. This holding is equally applicable to the case at bar, for the appraisal clauses in the Connecticut and Phoenix policies are substantially similar. In the Connecticut…
2Cases cited10 opinions
- Nunez v. DautelSupreme Court of the United States · 1874
- Wiggins v. BurkhamSupreme Court of the United States · 1870
- Lockwood v. Middlesex Mutual Assurance Co.Supreme Court of Connecticut · 1880
- Cochran v. ToherSupreme Court of Minnesota · 1869
- Donahue v. Windsor County M. Fire Ins.Supreme Court of Vermont · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Providence Washington Insurance v. WolfIndiana Supreme Court · 1907
- Terra Industries, Inc. v. Commonwealth Insurance Co. of AmericaDistrict Court, N.D. Iowa · 1997
- Keesling v. Western Fire InsuranceCourt of Appeals of Washington · 1974
- Dierks Lumber & Coal Co. v. BrownCourt of Appeals for the Eighth Circuit · 1927
- Bard's Apparel Manufacturing, Inc. v. Bituminous Fire and Marine Insurance CompanyCourt of Appeals for the Sixth Circuit · 1988
10 more not listed; retrieve them via the Exa API.