Legal Opinion

Larkin v. Glens Falls Insurance

Supreme Court of Minnesota

Decided July 20, 1900No. Nos. 12,197—(211)PublishedCited by 34 opinions

Action in the municipal court of St. Paul to recover $500 on a fire insurance policy. The case was tried before Hiñe, J., and a jury, which rendered a verdict in favor of plaintiff for the amount demanded. From an order denying a motion for a new trial, defendant appealed.

1Opinion of the CourtBrown, J.

This is an action to recover upon a fire insurance policy issued by defendant to plaintiff. Plaintiff had a verdict in the court below, and defendant appeals from an order denying a new trial. Three questions are presented for our consideration: (1) Whether defendant waived formal proofs of loss; (2) whether the action was prematurely brought; and (3) whether plaintiff sustained a total loss. This latter question may involve one or two other questions incident thereto, and is the important question in the case.

*5291. The policy was issued on March 10,1899, and the property covered thereby (a…

2Cases cited8 opinions

  1. Home Insurance v. Baltimore Warehouse Co.Supreme Court of the United States · 1876
  2. Brady v. North Western InsuranceMichigan Supreme Court · 1863
  3. Hamburg-Bremen Fire Insurance v. GarlingtonTexas Supreme Court · 1886
  4. Ætna Insurance v. SimmonsNebraska Supreme Court · 1896
  5. Monteleone v. Royal InsuranceSupreme Court of Louisiana · 1895

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

3Cited by34 opinions

  1. Marshall Produce Co. v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1959
  2. Hewins v. London Assurance Corp.Massachusetts Supreme Judicial Court · 1903
  3. Rutherford v. Royal Ins. Co.Court of Appeals for the Fourth Circuit · 1926
  4. Bettey v. City of SidneyMontana Supreme Court · 1927
  5. Mierzwa v. Florida Windstorm UnderwritingDistrict Court of Appeal of Florida · 2004

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

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