Mercer v. Germania Ins.
Oregon Supreme Court
From Marion: Percy R. Kelly, Judge. Department 2. This is an action brought by Mary I. Mercer on a policy of fire insurance issued by the defendant April 7, 1915, covering some real and personal property in Marion County belonging to plaintiff. The property was destroyed by fire January 27, 1916. The policy was in favor of A. Gr. Mercer, who is alleged in the complaint to have been the agent of plaintiff and to have negotiated the insurance on plaintiff’s behalf.
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From Marion: Percy R. Kelly, Judge. Department 2. This is an action brought by Mary I. Mercer on a policy of fire insurance issued by the defendant April 7, 1915, covering some real and personal property in Marion County belonging to plaintiff. The property was destroyed by fire January 27, 1916. The policy was in favor of A. Gr. Mercer, who is alleged in the complaint to have been the agent of plaintiff and to have negotiated the insurance on plaintiff’s behalf. The answer denies that defendant made any contract with plaintiff. It alleges that the policy written in favor of A. Gr. Mercer…
1Opinion of the CourtMcCAMANT, J.
1-3. Error is assigned on the reception of evidence that the property destroyed belonged to plaintiff and that her husband, A. G. Mercer, acted as her agent in procuring the insurance. This parol evidence tended to modify the terms of the written contract and the court erred in receiving it unless defendant is estopped from availing itself of the portions of the contract so undertaken to be modified. A policy of insurance is a personal contract: Joyce on Insurance (1 ed.), §23; Drennen v. London Assur. Corp., 20 Fed. 657-659. A wife cannot recover on a policy of insurance written in favor of…
2Cases cited23 opinions
- Oregon v. Portland Gen. Elec. Co.Oregon Supreme Court · 1908
- Welch v. Fire Ass'n of PhiladelphiaWisconsin Supreme Court · 1904
- Cranston v. West Coast Life InsuranceOregon Supreme Court · 1912
- Long Creek Building Ass'n v. State InsuranceOregon Supreme Court · 1896
- Hannan v. GreenfieldOregon Supreme Court · 1899
18 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Moore v. Mutual of Enumclaw InsuranceOregon Supreme Court · 1993
- Walker v. Fireman's Fund InsuranceOregon Supreme Court · 1925
- Haskin v. GreeneOregon Supreme Court · 1955
- Comer v. World Insurance Co.Oregon Supreme Court · 1957
- Conte v. Yorkshire InsuranceNew York Supreme Court · 1957
24 more not listed; retrieve them via the Exa API.