Concordia Fire Ins. v. Heffron
Appellate Court of Illinois
Assumpsit, on an oral contract of insurance. Trial in the Circuit Court of Cook County; the Hon. Richard S. Tutiiill, Judge, presiding. Finding and judgment for plaintiff; appeal by defendant. Heard In this court at the March term,. 1899.
1Opinion of the Court
Mr. Presiding Justice Sears
delivered the opinion of the court.
That an action will lie upon an oral contract of insurance seems to be settled. Hartford Fire Ins. Co. v. Wilcox, 57 Ill. 180; Hartford Fire Ins. Co. v. Farrish, 73 Ill. 166; Firemen’s Ins. Co. v. Kuessner, 164 Ill. 275.
And it has been held that such an oral contract will sustain an action although no express agreement was made as to the amount of premium to be paid or the duration of the policy, if the intention of the parties to the contract in these particulars can be gathered from the circumstances of the case. 1 Joyce on…
2Cases cited13 opinions
- Home Insurance v. AdlerSupreme Court of Alabama · 1882
- De Grove v. . Metropolitan Ins. Co.New York Court of Appeals · 1875
- Rockford Insurance v. NelsonIllinois Supreme Court · 1872
- Barre v. Council Bluffs InsuranceSupreme Court of Iowa · 1889
- Salisbury v. Hekla Fire InsuranceSupreme Court of Minnesota · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Wilson Company v. Hartford Fire Insurance Co.Supreme Court of Missouri · 1923
- Lumbermen's Mut. Ins. v. Slide Rule & Scale Engineering Co.Court of Appeals for the Seventh Circuit · 1949
- Kor v. American Eagle Fire InsuranceNebraska Supreme Court · 1920
- New Hampshire Fire Insurance v. WalkerSupreme Court of Arkansas · 1928
- Trichelle v. Sherman & Ellis, Inc.Appellate Court of Illinois · 1930
10 more not listed; retrieve them via the Exa API.