Legal Opinion
Filiatreau v. Allstate Insurance
West Virginia Supreme Court
Decided July 1, 1987No. 16575PublishedCited by 10 opinions
1Opinion of the Court
BROTHERTON, Justice:
On December 29, 1976, Mary V. Ratcliffe contracted to sell a building located in Wheeling, Ohio County, West Virginia, to William F. Filiatreau for the sum of $32,-000. A $1,000 down payment was made and held in escrow by the real estate agent to be applied to the purchase price at the closing of the sale. The printed form contract contained the following language typed in:
It is further mutually understood and agreed that the risk of loss or damage to said premises by fire or otherwise until delivery of said deed is assumed by seller.
According to the contract, transfer of…
2Cases cited6 opinions
- DeWitt v. American Family Mutual Insurance Co.Supreme Court of Missouri · 1984
- First National Bank of Webster Springs v. McGrawWest Virginia Supreme Court · 1919
- Maudru v. HumphreysWest Virginia Supreme Court · 1919
- Fire Association v. WardWest Virginia Supreme Court · 1947
- Scott & Callaway v. Dixie Ins. Co.West Virginia Supreme Court · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Smith v. BuegeWest Virginia Supreme Court · 1989
- Gossett v. Farmers Ins. Co. of WashingtonCourt of Appeals of Washington · 1996
- SAYER BROS., INC. v. St. Paul Fire & Marine Ins. Co.District Court, S.D. West Virginia · 2001
- Callahan v. BrantNebraska Supreme Court · 2023
- Mohammed Ashraf, M.D. v. State Auto Property and Casualty InsuranceWest Virginia Supreme Court · 2017
5 more not listed; retrieve them via the Exa API.