Heyl v. Aetna Insurance
Supreme Court of Alabama
Appeal from Marengo Circuit Court. Heard before the Hon. John C. Anderson. Action by James H. Heyl against the Aetna Insurance Company on contract of fire insurance. The facts may be briefly stated as follows: E. E. Morrow, the owner of a certain building in Marengo county, Alabama, applied to, and obtained from the Aetna Insurance Company a policy of fire insurance on the building so owned by him.
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Appeal from Marengo Circuit Court. Heard before the Hon. John C. Anderson. Action by James H. Heyl against the Aetna Insurance Company on contract of fire insurance. The facts may be briefly stated as follows: E. E. Morrow, the owner of a certain building in Marengo county, Alabama, applied to, and obtained from the Aetna Insurance Company a policy of fire insurance on the building so owned by him. Under the provisions of the policy, as originally written, loss ivas made payable to the insured. Thereafter, possibly the same day, at the request of Morrow a clause in the following words ivas…
1Opinion of the CourtTyson, J.
The provision of the policy sued on under uddch the plaintig, Heyl, predicates his right to recover is in this language: “It is agreed that any loss or damage ascertained and proved to be due the assured under this policy shall be held payable to James H. Heyl, as his interest may appear.”
Confessedly if the assured, Morrow, by his conduct, forfeited his right to recover on this policy the plaintiff cannot do so. For it is clear, from the language quoted, that it is only such damages as are due to Morrow” that are payable to plaintiff. In other words, if nothing is due Morrow, there could be…
2Cases cited1 opinion
- Queen Insurance v. YoungSupreme Court of Alabama · 1888
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