Roots v. Cincinnati Insurance
Ohio Superior Court, Cincinnati
Special Term. — Plaintiffs brought their several actions upon policies of insurance issued respectively by the Cincinnati and the Washington Insurance Companies.
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Special Term. — Plaintiffs brought their several actions upon policies of insurance issued respectively by the Cincinnati and the Washington Insurance Companies. The .policy of the Cincinnati Insurance Company was to John McLaughlin for $5500 for two months, from April 5, 1855, upon property described therein, as follows, viz: “Pork sides contained in McGill & Lane’s brick pork-house, situated on the north-west corner of Race and Canal streets,” “with the privilege of smoking and insuring $--elsewhere. Loss, if any, payable to Roots & Coe.” The policy of the Washington Insurance Company was…
1Opinion of the Court
Stoker,
J. The only question that requires the application of any legal principle is this: Did the policy issued by the. Firemen’s Insurance Company cover the property proved to have been destroyed, and which it is admitted, was insui’ed by the Washington and Cincinnati offices; in other words, was there a double insurance upon the property covered by the last two policies.
First. The policy issued by the Firemen’s Company, is prior in point of time; when it issued, the property insured by the last two policies was not in existence, so far as the ownership or interest of the insured are…
2Cases cited1 opinion
- Perkins v. New England Marine InsuranceMassachusetts Supreme Judicial Court · 1815