Legal Opinion
McMahon Bros. Realty Co. v. United States Fidelity & Guaranty Co.
District Court, D. Delaware
Decided May 28, 1963No. Civ. A. No. 2162PublishedCited by 5 opinions
1Opinion of the Court
STEEL, District Judge.
Plaintiff, the insured under a fire insurance policy, alleging that the insured buildings were totally destroyed by fire, sued the defendant insurer for $30,000, the face amount of the policy, which was 80% of the “agreed upon” value of $37,-500 ascribed to the insured buildings. The case is at issue. One of the defenses alleged is misrepresentation of the value of the property by plaintiff, who, as agent for the defendant, procured the issuance of the policy by it.
Three matters are for decision: (1) the motion of plaintiff to strike the defense of misrepresentation; (2)…
2Cases cited5 opinions
- Nathan v. St. Paul Mutual Insurance Co.Supreme Court of Minnesota · 1955
- American Ins. Co. v. IaconiSupreme Court of Delaware · 1952
- American Insurance v. IaconiSuperior Court of Delaware · 1952
- Westchester Fire Ins. Co. v. FitzpatrickCourt of Appeals for the Third Circuit · 1924
- United States Fire Ins. Co. of New York v. SullivanCourt of Appeals for the Eighth Circuit · 1928
3Cited by5 opinions
- Cooper Ex Rel. Cooper v. FinkeSupreme Court of Missouri · 1964
- Zuraff v. Empire Fire & Marine Insurance Co.North Dakota Supreme Court · 1977
- Vance v. LatimerDistrict Court, E.D. Michigan · 2009
- Steyick v. Northwest G. F. Mutual Insurance Co.North Dakota Supreme Court · 1979
- Zuraff v. Empire Fire & Marine Insurance Co.North Dakota Supreme Court · 1977