Rawl v. American Central Ins.
Supreme Court of South Carolina
Before Rice, J., Aiken, August, 1912. Action by W. L. Rawl against American Central Insurance Co. Plaintiff appeals. Under the agreement as to the policy the insurer is estopped from saying Rawl is not a party to the contract: 48 S. C. 195; 67 S. C. 399; 74 S. C. 246; 13 Ency. 165, 172; 138 Am.
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Before Rice, J., Aiken, August, 1912. Action by W. L. Rawl against American Central Insurance Co. Plaintiff appeals. Under the agreement as to the policy the insurer is estopped from saying Rawl is not a party to the contract: 48 S. C. 195; 67 S. C. 399; 74 S. C. 246; 13 Ency. 165, 172; 138 Am. R. 175; 5 Wall. 509. Mortgagee must stand or fall on rights of mortgagor: 39 A. S. R. 906; 54 N. E. 774; 66 A. D. 412; 10 Wall. 38. Policy as issued is binding except in cases of fraud: 77 S. C. 192. Construction of mortgage clause: 138 Fed. 498; 120 Fed. 916; 153 Fed. 443; 19 Cyc. 714; 33 S. E. 887;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods. In this action, brought on a fire insurance policy, the Circuit Court sustained a demurrer to the complaint. The material facts alleged in the complaint, which, in considering the demurrer, must be taken as admitted, are as follows: The defendant on July 1, 1911, issued an insurance policy to J. J. Jeff coat on a house and sawmill and other machinery. The plaintiff held a mortgage on the property, and in order to protect him, by agreement between Jeff coat, the plaintiff, Rawl, and the agent of the insurance company, the provisions…
2Cases cited8 opinions
- Royal Insurance v. MartinSupreme Court of the United States · 1904
- Delaware Ins. v. GreerCourt of Appeals for the Eighth Circuit · 1903
- Edgefield Mfg. Co. v. Maryland Casualty Co.Supreme Court of South Carolina · 1907
- Bates v. Equitable InsuranceSupreme Court of the United States · 1870
- Vancouver Nat. Bank v. Law Union & Crown Ins.U.S. Circuit Court for the District of Oregon · 1907
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3Cited by12 opinions
- Parker v. Jefferson Standard Life InsuranceSupreme Court of South Carolina · 1930
- Walker v. Queen Insurance Co.Supreme Court of South Carolina · 1926
- Nationwide Mutual Insurance v. Commercial BankCourt of Appeals of South Carolina · 1996
- In re McElmurrayDistrict Court, E.D. South Carolina · 1942
- Glasscock v. Liverpool, London & Globe Ins. Co.Court of Appeals of Texas · 1916
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