Lippincott v. Insurance Co.
Supreme Court of Louisiana
APPEAL PROM THE COURT OF THE FIRST DISTRICT. This was an action upon a contract of insurance, in which the petition set forth : That the policy varied from the terms of the contract, and that such variance, proceeded either from the error or fraud of the defendants or their agents.
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APPEAL PROM THE COURT OF THE FIRST DISTRICT. This was an action upon a contract of insurance, in which the petition set forth : That the policy varied from the terms of the contract, and that such variance, proceeded either from the error or fraud of the defendants or their agents. It appeared from the evidence, that J. W. Zacharie & Co., (agents of the plaintiff) made application for insurance, in the following words: “ Insurance is wanted on the schooner Volant, for six months, with permission to trade to any port in the West Indies, Gulf of Mexico, or United States, valued at two thousand…
1Opinion of the CourtMathews, J.
This' suit is based on a contract of insurance, as entered into between the plaintiffs, by means of the agency of their attorney in fact, and the officers of the corporation.
The petition sets out the memorandum of the agreement, and also the policy, as made under it; error or fraud is alleged in this instrument, as not having been reduced to writing in conformity with the terms of the application, made on the part of the plaintiffs for insurance, and agreed to by the insurers.
The cause was submitted to a jury, who found a verdict against the defendants,and from a judgment thereon rendered,…
2Cited by5 opinions
- Palmer v. Hartford Fire InsuranceSupreme Court of Connecticut · 1887
- Parker v. Citizen Fire InsuranceLouisiana Court of Appeal · 1926
- Topps v. North British & Mercantile Ins.Louisiana Court of Appeal · 1933
- Bell v. Western Marine & Fire InsuranceSupreme Court of Louisiana · 1843
- Thalsheimer v. Pacific Fire Ins. Co.Louisiana Court of Appeal · 1937