Roper v. National Fire Insurance
Supreme Court of North Carolina
Appeal by plaintiffs and defendants from Justice, J., at July Special Term, 1912, of HendeRson. The above entitled three civil actions were consolidated by consent, and tried together at July Special Term of the Superior Court of Henderson County, Justice, J., presiding.
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Appeal by plaintiffs and defendants from Justice, J., at July Special Term, 1912, of HendeRson. The above entitled three civil actions were consolidated by consent, and tried together at July Special Term of the Superior Court of Henderson County, Justice, J., presiding. The actions were brought to recover for loss by fire upon policies of insurance issued by each of the above defendants, viz.: The National, 20 May, 1910, $5,000; The Dixie, 12 October, 1910, $3,000; and the Petersburg, 14 January, 1911, $3,000. From the judgment rendered, the plaintiff Koper and each of the defendants…
1ConcurrenceHoke, J.
I concur in tbe disposition made of these eases, but do not wish to be understood as acquiescing to tbe proposition tbat tbe provisions of tbe standard policy forbid or affect tbe doctrine of parol waiver on tbe part of insurance companies through tbe acts and assurances of their general agents. For the reasons stated in my dissent in Black v. Insurance Co., 148 N. C., 169, I do not think tbe standard policy as set out and continued in our statute was designed or intended, under ordinary conditions, to affect tbe doctrine of waiver at all. In the case before ns, however, I am inclined to the…
2Cases cited1 opinion
- Black v. Atlantic Home InsuranceSupreme Court of North Carolina · 1908
3Cited by25 opinions
- Basham v. Goodholm & Sparrow Inv. Co.Supreme Court of Oklahoma · 1915
- Green v. Fidelity-Phenix Fire InsuranceSupreme Court of North Carolina · 1951
- Bank v. . Ins. Co.Supreme Court of North Carolina · 1924
- Home Loan Finance Co. v. Fireman's Fund Ins. Co.Supreme Court of Alabama · 1930
- Dawson v. Concordia Fire InsuranceSupreme Court of North Carolina · 1926
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