Legal Opinion

Scott v. Liverpool & London & Globe Ins.

Supreme Court of South Carolina

Decided April 2, 1915No. 9073PublishedCited by 14 opinions

Before Gary, J., Kingstree, Spring term, 1914. Action by J. C. Scott against Liverpool and London and Globe Insurance Company. Prom judgment for plaintiff, defendant appeals. submit: Provisions as to title valid: 98 S. C. 244; 93 S. C. 363; 70 S. C. 296; 3 Ga. App. 130; 60 S. E. 118. Description of property being wrong, remedy, if any, was by reformation: 98 U. S. 85; 136 U. S. 287; 40 W. Va., 518; 32 Am.

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Before Gary, J., Kingstree, Spring term, 1914. Action by J. C. Scott against Liverpool and London and Globe Insurance Company. Prom judgment for plaintiff, defendant appeals. submit: Provisions as to title valid: 98 S. C. 244; 93 S. C. 363; 70 S. C. 296; 3 Ga. App. 130; 60 S. E. 118. Description of property being wrong, remedy, if any, was by reformation: 98 U. S. 85; 136 U. S. 287; 40 W. Va., 518; 32 Am. St. Rep. 908; 185 N. Y. 84. Pvidence inadmissible to vary terms of policy: 183 U. S. 308. Duty of insured to read contract, estoppel: 78 S. C. 420 ; 9 S. C. 43; 9 Cyc. 90. cite: Questions as…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gage.

Judgment below upon a verdict for the plaintiff for eighteen hundred ($1,800.00) dollars; appeal by the defendant.

The suit is on a policy of insurance against fire. The subject of insurance is a dwelling house. The insured is a young man 28 years of age.

The house was situated in the country, on or near a highway which runs from Kingstree east towards Rhems and seven miles from Kingstree. There was confessedly a total destruction of the house, and there is no issue on that score. And no cause for the fire other than an accidental one,…

2Cases cited1 opinion

  1. The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836

3Cited by14 opinions

  1. Whaley v. Guardian Fire Insurance Co.Supreme Court of South Carolina · 1923
  2. Palmetto Fire Insurance v. FanslerSupreme Court of Virginia · 1925
  3. Inabinet v. Royal Exchange Assurance of LondonSupreme Court of South Carolina · 1932
  4. Jackson v. FrierSupreme Court of South Carolina · 1928
  5. Hall v. Allstate InsuranceCourt of Appeals of South Carolina · 1984

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