Bellevue Roller Mill Co. v. London & Lancashire Fire Insurance
Idaho Supreme Court
APPEAL from District Court, Logan County. In the body of the insurance policy sued on in this action is found the following provision: “1. This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the subject of insurance be a manufacturing establishment and cease to be operated for more than ten consecutive days.”
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APPEAL from District Court, Logan County. In the body of the insurance policy sued on in this action is found the following provision: “1. This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the subject of insurance be a manufacturing establishment and cease to be operated for more than ten consecutive days.” If the mill ceased to operate for ten consecutive days the policy would be avoided, even if the agent of the company knew it was in the habit of closing down during certain seasons, or that it had ceased to operate under prior…
1Opinion of the CourtSullivan, J.
(After Stating the Facts as Above.) — There being no material conflict in the evidence, the liability of the defendant insurance company depends upon a proper construction of certain provisions of the insurance policy sued on.
It is contended that as the mill ceased to be operated for ten consecutive days, without the consent of the insurance company indorsed on said policy, the policy is void for that reason. The provision of the policy on that point is as follows: “This policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the subject of insurance…
2Cases cited8 opinions
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Michigan State Insurance v. LewisMichigan Supreme Court · 1874
- Whitney v. . Black River Insurance CompanyNew York Court of Appeals · 1878
- Hartford Fire Ins. v. SmithSupreme Court of Colorado · 1877
- West v. Norwich Union Fire Insurance SocietyUtah Supreme Court · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Delaware Ins. v. GreerCourt of Appeals for the Eighth Circuit · 1903
- Lewis v. Continental Life and Accident Co.Idaho Supreme Court · 1969
- Peterson v. Hudson InsuranceArizona Supreme Court · 1932
- Kimball Ice Co. v. Springfield Fire & Marine InsuranceWest Virginia Supreme Court · 1926
- London & Lancashire Fire Insurance Co. of Liverpool, England v. DavisCourt of Appeals of Texas · 1904
6 more not listed; retrieve them via the Exa API.