Legal Opinion
Khadouri Chaachou v. American Central Insurance Company
Court of Appeals for the Fifth Circuit
Decided March 1, 1957No. 16023PublishedCited by 54 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge.
The sole substantial question in this hoary claim which soon rounds out its tenth year is whether, to avoid the policy because of fraud, misrepresentation, concealment and false swearing by an assured in connection with a loss for windstorm damage from the Miami hurricane of September 17, 1947, the insurer must prove that it relied, to its detriment, prejudice and damage, upon such fraudulent acts.
The issue is squarely posed. First, the contract 1 is categorical. Second, the assured for this appeal virtually concedes, as the record requires in any event, that…
2Cases cited19 opinions
- Meredith v. Winter HavenSupreme Court of the United States · 1943
- Claflin v. Commonwealth InsuranceSupreme Court of the United States · 1884
- Fidelity-Phenix Fire Ins. Co. of New York v. Benedict Coal Corp.Court of Appeals for the Fourth Circuit · 1933
- Palatine Insurance v. WhitfieldSupreme Court of Florida · 1917
- Va. Fire & Marine Insurance v. VaughanSupreme Court of Virginia · 1892
14 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Harvey Thomas Smoot, Jr. v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Fifth Circuit · 1962
- Monarch Insurance Company of Ohio v. May Spach, as Receiver for Ro-Ben, Inc.Court of Appeals for the Fifth Circuit · 1960
- Mutual of Enumclaw Insurance v. CoxWashington Supreme Court · 1988
- Michigan Millers Mutual Insurance v. BenfieldCourt of Appeals for the Eleventh Circuit · 1998
- Martin Fine v. Bellefonte Underwriters Insurance Co.Court of Appeals for the Second Circuit · 1984
49 more not listed; retrieve them via the Exa API.