Fireman's Fund Ins. Co. v. Haley
Mississippi Supreme Court
Appeal from circuit court of Leflore county. Hon. S. F. Davis, Judge. Action by J. L. Haley, Jr., against the Fireman’s Fund Insurance Company. Judgment for plaintiff, and the defendant appeals. The demurrer admits that the collision resulted from a violation of the criminal statute of the state, and, if so, Haley is not entitled to recover. This avoided the policy.
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Appeal from circuit court of Leflore county. Hon. S. F. Davis, Judge. Action by J. L. Haley, Jr., against the Fireman’s Fund Insurance Company. Judgment for plaintiff, and the defendant appeals. The demurrer admits that the collision resulted from a violation of the criminal statute of the state, and, if so, Haley is not entitled to recover. This avoided the policy. As the demurred admitted the violation of the criminal statutes, and as the demurrer was sustained, the defendant was not called on, and was not permitted, to prove this. This was a good defense, and the sustaining of the demurrer…
1Opinion of the CourtSykes, J.
The appellee sued and recovered a judgment against the .appellant insurance company for one thousand dollars and interest from April 15, 1918, at six per cent., making the total amount of the judgment one thousand, one hundred and ninety dollars from which judgment this appeal is here prosecuted. The insurance policy in this case, among other things, “covers sums which the assured shall become liable to pay for damage to property through collision of the automobile herein described with any other automobile. . . . This company shall not in any event be liable under this provision for more…
2Cases cited1 opinion
- Messersmith v. American Fidelity Co.Appellate Division of the Supreme Court of the State of New York · 1919
3Cited by14 opinions
- Odden v. Union Indemnity Co.Washington Supreme Court · 1930
- Georgia Cas. Co. v. Alden MillsMississippi Supreme Court · 1930
- Commercial Union Insurance Company v. ByrneMississippi Supreme Court · 1971
- Maryland Casualty Co. v. HogeSupreme Court of Virginia · 1929
- American Indemnity Co. v. JamisonCourt of Appeals of Texas · 1933
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