Schloss v. Westchester Fire Insurance
Supreme Court of Alabama
.Appeal from the Circuit Court of Butler. ' Tj-ied before the Hon. J. C. Richardson. This was an., action brought by the appellants against the appellee, and counted upon a fire insurance policy which was issued by the defendant tó one James E. Mos-ris,- which policy, it is averred in the complaint., became, after the destruction of the property by fire, the property of the plaintiff, and was the property of the plaintiff at the time of the institution of the suit.
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.Appeal from the Circuit Court of Butler. ' Tj-ied before the Hon. J. C. Richardson. This was an., action brought by the appellants against the appellee, and counted upon a fire insurance policy which was issued by the defendant tó one James E. Mos-ris,- which policy, it is averred in the complaint., became, after the destruction of the property by fire, the property of the plaintiff, and was the property of the plaintiff at the time of the institution of the suit. The defendant pleaded the general issue and 12 special pleas. The second special plea ivas in words and figures as follows :…
1Opinion of the CourtSharpe, J.
Conditions in policies of insurance against alienation of the insured property are ordinarily construed as intended to provide only against changes in ownership which might supply a motive to- destroy the property cr which would weaken the interest of the insured in protecting it; hence dealings with the- property not calculated to produce any such effect do not, by reason of such conditions, avoid the policy. — 1 May on Insurance, § 273; Ostrander on Insurance, (2nd ed.) p. 264; Biddle on Insurance, § 206; Russell v. Cedar Rapids Insu. Co., 78 Iowa, 176; 85 Am. Dec. 553; German Insu. Co. v.…
2Cases cited4 opinions
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Syndicate Insurance v. CatchingsSupreme Court of Alabama · 1893
- In re Estate of BaggerSupreme Court of Iowa · 1889
- German Insurance v. Gibe ex rel. MinnichAppellate Court of Illinois · 1895
3Cited by6 opinions
- Wiley v. London & Lancashire Fire InsuranceSupreme Court of Connecticut · 1914
- Cone v. Century Fire InsuranceSupreme Court of Iowa · 1908
- Cardwell v. Virginia State InsuranceSupreme Court of Alabama · 1916
- Tucker v. Royal Ins. Co.Supreme Court of Alabama · 1929
- McVay v. Western Grain Dealers Fire InsuranceSupreme Court of Iowa · 1934
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