Legal Opinion

Farmers Mutual Insurance v. Tankersley

Alabama Court of Appeals

Decided June 30, 1915PublishedCited by 15 opinions

Assumpsit. Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brewer. Action by J. W. Tankersley against Fenners’ Mutual Insurance Association of Alabama, upon a fire policy. Judgment for plaintiff, and defendant appeals.

1Opinion of the CourtBrown, J.

This is an action on policy of fire insurance issued by tbe defendant to tbe plaintiff insuring tbe plaintiff’s dwelling and articles therein against loss by fire. Tbe complaint contains but one count, wbicb is in Code form. To this count tbe defendant interposed tbe general issue and ten special pleas setting xip in varying form and phraseology: (1) That tbe pol*526icy was canceled by tbe defendant at tbe plaintiff’s request before tbe loss occurred; (2) representations made by tbe plaintiff that tbe unincumbered title to tbe property was in tbe plaintiff, when in fact there was a mortgage on it…

2Cases cited23 opinions

  1. Farnum v. Phoenix InsuranceCalifornia Supreme Court · 1890
  2. Alabama State Mutual Assurance Co. v. Long Clothing & Shoe Co.Supreme Court of Alabama · 1898
  3. Taylor v. Insurance Co. of North AmericaSupreme Court of Oklahoma · 1909
  4. Brown v. Commercial Fire InsuranceSupreme Court of Alabama · 1888
  5. Sanford v. HowardSupreme Court of Alabama · 1857

18 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Insurance Co. of North America v. WilliamsSupreme Court of Alabama · 1917
  2. William E. Harden, Inc. v. HardenAlabama Court of Appeals · 1940
  3. Hale v. CoxSupreme Court of Alabama · 1930
  4. Williams v. Pacific States Fire Ins. Co.Oregon Supreme Court · 1926
  5. Wilson v. Commercial Union Assurance Co.Supreme Court of Vermont · 1916

10 more not listed; retrieve them via the Exa API.

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