Legal Opinion

Morris v. Dutchess Insurance

West Virginia Supreme Court

Decided April 26, 1910PublishedCited by 10 opinions

Error to Circuit Court, Harrison County. Action by Mary L. Morris against tbe Dutchess Insurance Company. Judgment for defendant, and plaintiff brings error.

1Opinion of the Court

Miller, Judge:

In an action on a policy of fire insurance defendant, in addition to tbe general issue, filed a statement, as provided by section 64, chapter 125, Code 1906, that it would also rely, by way of defense, first, on tbe fact that the insured bad not given immediate notice in writing to defendant of tbe loss, and bad not within sixty days after tbe fire nor at any time furnished proofs of the loss, as required by the provisions of the .policy, wherefore no right of action thereon bad ever accrued to plaintiff; second, on the fact that tbe building covéred by the policy sued on had…

2Cases cited8 opinions

  1. Weed v. London & Lancashire Fire InsuranceNew York Court of Appeals · 1889
  2. Medley v. German Alliance InsuranceWest Virginia Supreme Court · 1904
  3. Sheppard v. Peabody Ins.West Virginia Supreme Court · 1883
  4. Peninsular Land Transportation & Manufacturing Co. v. Franklin Insurance Co.West Virginia Supreme Court · 1891
  5. Deitz v. Prov. Wash. Ins.West Virginia Supreme Court · 1890

3 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Maynard v. National Fire Insurance Co. of HartfordWest Virginia Supreme Court · 1963
  2. Ragland v. Nationwide Mutual Ins. Co.West Virginia Supreme Court · 1961
  3. Huff v. Columbia InsuranceWest Virginia Supreme Court · 1923
  4. Rucker v. Fire Assoc.West Virginia Supreme Court · 1938
  5. Crouch v. Franklin National InsuranceWest Virginia Supreme Court · 1927

5 more not listed; retrieve them via the Exa API.

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