Lumber Underwriters of NY v. Rife
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. The facts, which involve the construction of a policy of insurance and the right to vary the terms thereof by parol Evidence,' are stated in the opinion. The policy in force when the fire occurred being a renewal of a previous policy, is but a continuation of the original contract of insurance. Mallette v. Assur. Co., 91 Maryland, 471; Hay v. Star Fire Ins. Co., 77 N. Y. 235; Martin v. Jersey City Ins.
Read the full summary
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. The facts, which involve the construction of a policy of insurance and the right to vary the terms thereof by parol Evidence,' are stated in the opinion. The policy in force when the fire occurred being a renewal of a previous policy, is but a continuation of the original contract of insurance. Mallette v. Assur. Co., 91 Maryland, 471; Hay v. Star Fire Ins. Co., 77 N. Y. 235; Martin v. Jersey City Ins. Co., 44 N. J. L. 273; 1 Cooley’s Briefs on Ins., p. 849; Ky. Vermillion Co. v. Norwich Co., 146 Fed. Rep. 695, distinguished.…
1Opinion of the CourtJustice Holmes
This is a suit upon a policy insuring lumber for one year from May 22, 1909. The policy contained a warranty by the assured that a continuous clear space of one hundred feet should be maintained between the lumber and the mill of the assured and also a provision requiring any waivers to be written upon or attached to the instrument. The lumber was burned during the year, but it appeared by the undisputed evidence that the warranty had been broken and the judge directed a verdict for the defendants. It appeared, however, that the policy was endorsed ‘No. 27868 Renewing No. 27566,’ and the…
2Cases cited6 opinions
- Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
- Grigsby v. RussellSupreme Court of the United States · 1911
- Aetna Life Insurance v. MooreSupreme Court of the United States · 1913
- Northern Assurance Co. of London v. Grand View Building Ass'nSupreme Court of the United States · 1906
- Penman v. St. Paul Fire & Marine InsuranceSupreme Court of the United States · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by95 opinions
- Concordia Ins. Co. of Milwaukee v. School Dist. No. 98 of Payne Cty.Supreme Court of the United States · 1931
- Columbian Nat. Life Ins. Co. v. BlackCourt of Appeals for the Tenth Circuit · 1929
- Jefferson Standard Life Ins. Co. v. ClemmerCourt of Appeals for the Fourth Circuit · 1935
- Metropolitan Life Insurance Co. v. AlterovitzIndiana Supreme Court · 1938
- American Fire Insurance v. King Lumber & Manufacturing Co.Supreme Court of the United States · 1919
90 more not listed; retrieve them via the Exa API.