Legal Opinion

Cleaver v. Traders' Ins. Co.

U.S. Circuit Court for the District of Eastern Michigan

Decided July 8, 1889PublishedCited by 1 opinion

At Law. This is an action upon a policy of fire insurance. The action was originally begun in the circuit court for Tuscola county, was tried in May, 1886, and a verdict returned for the plaintiff. The policy provided that if the insured should procure any other or further insurance upon the property insured, without the consent of the company written upon the policy, it should become void.

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At Law. This is an action upon a policy of fire insurance. The action was originally begun in the circuit court for Tuscola county, was tried in May, 1886, and a verdict returned for the plaintiff. The policy provided that if the insured should procure any other or further insurance upon the property insured, without the consent of the company written upon the policy, it should become void. There ivas a further provision that the agent of the company should have no authority to waive, modify, or strike from the policy any of its printed conditions, nor, in case the policy should become void…

1Opinion of the CourtBrown, J.

Defendant claims that, the taking of the second policy having been fully established, there is no evidence which would authorize a jury to find that the company waived the forfeiture of the policy by reason of such over-insurance, and, inferentially, that the supreme court was wrong in holding that there was.

In reply, it is insisted by the plaintiff that the ruling of the supreme court in this connection is res adjud-icata, and that we are bound by the construction given by that court to the evidence upon the subject of waiver. We think the plaintiff is correct in this contention. In the case…

2Cases cited12 opinions

  1. Insurance Co. v. NortonSupreme Court of the United States · 1878
  2. Moulor v. American Life InsuranceSupreme Court of the United States · 1884
  3. Bucher v. Cheshire RailroadSupreme Court of the United States · 1888
  4. Duncan v. GeganSupreme Court of the United States · 1880
  5. Security Insurance v. FayMichigan Supreme Court · 1871

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

3Cited by1 opinion

  1. Denison v. Shawmut Min. Co.U.S. Circuit Court for the District of Western New York · 1903

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