Legal Opinion

Lummel v. National Fire Insurance

South Dakota Supreme Court

Decided November 20, 1926No. File No. 5649PublishedCited by 9 opinions

1Opinion of the Court

MORIARTY, C.

This action was brought by the respondent to recoi the sum of $i,ooo on a policy of fire insurance covering a motor ruck. The complaint is in the form usually employed in such acl ns. A copy of the policy sued upon is attached to the complaii The execution of this policy by one McCain, who 'had autl rity to countersign and issue policies :and collect premiums for appellant, is admitted in appellant’s answer. In this answer ; «pellant presented three separate defenses: First, that the polic; was null and void because respondent falsely represented that the ruck was fully paid for…

2Cases cited7 opinions

  1. Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
  2. Insurance Co. v. Transportation Co.Supreme Court of the United States · 1871
  3. Vesey v. Commercial Union Assur. Co.South Dakota Supreme Court · 1904
  4. Hronish v. Home InsuranceSouth Dakota Supreme Court · 1914
  5. Fosmark v. Equitable Fire Ass'nSouth Dakota Supreme Court · 1909

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

3Cited by9 opinions

  1. Glens Falls Insurance v. Linwood ElevatorMississippi Supreme Court · 1961
  2. Hight v. Maryland InsuranceSouth Dakota Supreme Court · 1943
  3. Cain v. Fortis Insurance Co.South Dakota Supreme Court · 2005
  4. Swenson v. State Farm Fire & Casualty Co.District Court, D. South Dakota · 2012
  5. Prose v. Hawkeye Securities Fire InsuranceSouth Dakota Supreme Court · 1927

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

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