Gage v. Connecticut Fire Ins. Co., of Hartford, Conn.
Supreme Court of Oklahoma
Error from District Court, Ottawa County; T. L. Brown, Judge. Action by A. D. Gage against the Connecticut Fire Insurance Company, of Hartford, Conn., on a tornado policy. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
Opinion by
AMES, C.
The trial court sustained a demurrer to the plaintiff’s evidence, and from this ruling this petition in error is prosecuted.
The first question involved is whether or not, after the destruction of plaintiff’s property by a cyclone, the election of the defendant to rebuild, instead of paying the loss, was a discharge of the policy of insurance, so that the plaintiff could not sue upon it. The suit was upon the policy, and the defendant contends that it elected to rebuild, in accordance with the terms of the policy, and that the election converted the insurance contract into a…
2Cases cited14 opinions
- Merchants' Planters' Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- Morrell v. . Irving Fire Insurance Co.New York Court of Appeals · 1865
- Providence Washington Insurance v. WolfIndiana Supreme Court · 1907
- St. Paul Fire & Marine Ins. v. Mountain Park Stock Farm Co.Supreme Court of Oklahoma · 1909
- Continental Insurance v. Vallandingham & GentryCourt of Appeals of Kentucky · 1903
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Western Reciprocal Underwriters' Exchange v. CoonSupreme Court of Oklahoma · 1913
- Home Mutual Insurance v. StewartSupreme Court of Colorado · 1940
- Sentinel Fire Ins. Co. v. AndersonCourt of Appeals of Texas · 1946
- Kramnicz v. First National BankAppellate Division of the Supreme Court of the State of New York · 1969
- Schwier v. Atlas Assurance Co.Michigan Supreme Court · 1924
7 more not listed; retrieve them via the Exa API.