Legal Opinion

Virginia F. & M. Insurance Co. v. Morgan

Supreme Court of Virginia

Decided November 9, 1893PublishedCited by 13 opinions

Argued at Wytheville. Decided at Richmond. Error to judgment of circuit court of Tazewell county, rendered at the August term, 1892, in an action on a policy of fire insurance, wherein Samuel Morgan was plaintiff and the Virginia Fire and Marine Insurance Company was defendant. The policy was for $1,500 on a stock of goods.

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Argued at Wytheville. Decided at Richmond. Error to judgment of circuit court of Tazewell county, rendered at the August term, 1892, in an action on a policy of fire insurance, wherein Samuel Morgan was plaintiff and the Virginia Fire and Marine Insurance Company was defendant. The policy was for $1,500 on a stock of goods. The jury found a verdict for the plaintiff for $1,090 90, and there was judgment accordingly, to which judgment the defendant obtained a writ of error and supersedeas. Opinion states the case.

1Opinion of the Court

Lewis, P.,

delivered the opinion of the court.

This was an action on a policy of fire insurance issued by the defendant company on the plaintiff’s stock of goods in his storehouse at Cedar Bluff, in Tazewell county. The policy recites that it is based upon the written ápplication, signed by the assured, and that “ the said application shall be treated as a part of, and be incorporated in, the poliey, and that the statements thereof shall be treated as warranties by the assured that the facts therein stated are true.”

In the application the assured was asked the following, among other questions,…

2Cases cited7 opinions

  1. Imperial Fire Insurance v. Coos CountySupreme Court of the United States · 1894
  2. National Bank v. Insurance Co.Supreme Court of the United States · 1878
  3. Jeffries v. Life InsuranceSupreme Court of the United States · 1875
  4. Lynchburg Fire Ins. v. WestSupreme Court of Virginia · 1882
  5. Stout v. City Fire Insurance Co. of New HavenSupreme Court of Iowa · 1861

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

3Cited by13 opinions

  1. Commercial Casualty Insurance v. SchmidtCourt of Appeals of Maryland · 1934
  2. Scottish Union & National Insurance v. StubbsSupreme Court of Georgia · 1896
  3. Prudential Fire Insurance Co. v. AlleySupreme Court of Virginia · 1905
  4. Johnson v. Continental Insurance Co. of New YorkTennessee Supreme Court · 1907
  5. Granite Building Co. v. Saville's AdministratorSupreme Court of Virginia · 1903

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

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