Adema v. Lafayette Fire Insurance
Supreme Court of Louisiana
A PPEAL from the Civil District Court for the Parish of Orleans. JjL Houston, J. 1. "When one having no personal interest in a property, insures it in his owu name, lie will he presumed to have acted in "behalf of the true owner, and the insurance will insure to the heneñt of the latter, upon his subsequent adoption of it, even after a loss has occurred.
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A PPEAL from the Civil District Court for the Parish of Orleans. JjL Houston, J. 1. "When one having no personal interest in a property, insures it in his owu name, lie will he presumed to have acted in "behalf of the true owner, and the insurance will insure to the heneñt of the latter, upon his subsequent adoption of it, even after a loss has occurred. Angelí on Fire and Life Insurance, p. 124, Sec. 79 ; Schooler on personal property, p. 684; Quénault des assurances terrestres, Ho. 142, p. 115. 2. The same rule governs when one having only an undivided insurable interest in a property…
1Opinion of the Court
The opinion of the Court was delivered by
Todd, J.
This is an action on a policy of insurance issued by the defendant company, of which the plaintiff is the transferee, for $1500, the property insured having been destroyed by fire.
The plaintiff appeals from a judgment against him. The policy was taken out by one Jean Poméz, who owned only one-eighth of the building insured, the remaining seven-eighths belonging to his minor child. The policy issued in favor of Poméz alone.
Among other grounds of defense against the action urged is that the insured concealed and failed to disclose the true…
2Cases cited2 opinions
- Lippincott v. Louisiana InsuranceSupreme Court of Louisiana · 1831
- Birmingham v. Empire InsuranceNew York Supreme Court · 1864
3Cited by4 opinions
- Germier v. Springfield Fire & Marine Ins.Supreme Court of Louisiana · 1903
- People's Bank v. National Fire Ins.Supreme Court of Louisiana · 1912
- France v. Firemen's Ins. Co. of Newark, N. J.Louisiana Court of Appeal · 1936
- Fidelity Phenix Fire Ins. Co. of New York v. RaperSupreme Court of Alabama · 1941