Webster v. State Mutual Fire Insurance
Supreme Court of Vermont
General Assumpsit on a fire insurance policy. Pleas, the general issue, and five special pleas in bar. Heard on special demurrer to the-plaintiff’s replications to defendant’s third, fourth,' and fifth special pleas in bar, at the June Term, 1906, Orange County, Tyler, J., presiding. Demurrers overruled, and replications adjudged sufficient. The defendant excepted. The opinion states the substance of the pleadings in question.
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General Assumpsit on a fire insurance policy. Pleas, the general issue, and five special pleas in bar. Heard on special demurrer to the-plaintiff’s replications to defendant’s third, fourth,' and fifth special pleas in bar, at the June Term, 1906, Orange County, Tyler, J., presiding. Demurrers overruled, and replications adjudged sufficient. The defendant excepted. The opinion states the substance of the pleadings in question. The allegation that defendant “waived the technical, literal requirements of the policy in that respect” is a mere inference of law and adds nothing to the replication.…
1Opinion of the CourtPowers, J.
This case comes before us on the defendant’s exceptions to the judgment of the county court overruling the. special demurrers to the plaintiff’s amended replications to the defendant’s third, fourth and fifth pleas.
I. By the third plea, it is alleged that, notwithstanding certain express conditions, stipulations and agreements in the policy of insurance sued upon, the plaintiff failed to give immediate written notice to the defendant, and failed to make proper proofs of loss within the time limited in the policy. To this plea, the plaintiff replies that within the'specified time, she, in good…
2Cases cited14 opinions
- Insurance Co. v. WolffSupreme Court of the United States · 1877
- Gray v. PingrySupreme Court of Vermont · 1845
- Donahue v. Windsor County M. Fire Ins.Supreme Court of Vermont · 1883
- Mosley v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1882
- McCormick v. Orient InsuranceCalifornia Supreme Court · 1890
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Francis v. London Guarantee & Accident Co.Supreme Court of Vermont · 1927
- Armstrong v. Hanover Insurance CompanySupreme Court of Vermont · 1972
- Nathan Miller, Inc. v. Northern InsuranceSuperior Court of Delaware · 1944
- Cummings v. Conn. Gen. Life Ins. Co.Supreme Court of Vermont · 1930
- Kimball v. Horticultural Fire ReliefOregon Supreme Court · 1916
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