Legal Opinion
Mier v. Niagara Fire Insurance Company
District Court, W.D. Louisiana
Decided May 16, 1962No. Civ. A. 8299PublishedCited by 6 opinions
1Opinion of the Court
PUTNAM, District Judge.
This is an action on a Standard Fire Insurance Policy removed from the State Court because of diversity of citizenship.
In the early morning hours of February 23, 1961, complainant’s home, insured by defendant, was totally destroyed by fire. Complainant sues on the policy for the loss of the dwelling, its contents, plus penalties and attorney fees. Defendant moves to dismiss on the ground that the action is premature in that complainant has failed to file a formal proof of loss or submit himself for an oral examination, all as required in the terms of the statutory…
2Cases cited7 opinions
- Gauche v. London & Lancashire Ins.U.S. Circuit Court for the District of Eastern Louisiana · 1881
- Taubman v. Allied Fire Ins. Co. of UticaCourt of Appeals for the Fourth Circuit · 1947
- Buccola v. National Fire Ins. Co. of HartfordLouisiana Court of Appeal · 1931
- Harris v. North British & Mercantile Ins.Court of Appeals for the Fifth Circuit · 1929
- Westchester Fire Ins. v. John Conlon Coal Co.Court of Appeals for the Third Circuit · 1937
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Kisting v. Westchester Fire Insurance CompanyDistrict Court, W.D. Wisconsin · 1968
- Truck Insurance Exchange v. HaleArizona Supreme Court · 1963
- Deville v. Louisiana Farm Bur. Mut. Ins. Co.Louisiana Court of Appeal · 1979
- Kerr v. State Farm Fire & Casualty Co.District Court, M.D. Louisiana · 2012
- Federal Deposit Insurance v. Aetna Casualty & Surety Co.District Court, E.D. Louisiana · 1990
1 more not listed; retrieve them via the Exa API.