Vandervliet v. Standard Accident Insurance
Michigan Supreme Court
Error to Kalamazoo; Weimer (George V.), J. Assumpsit by Cornelius Vandervliet, individually and as surviving partner and assignee of Kichard Heystek, against The Standard Accident Insurance Company of Detroit, Michigan, for the amount of a policy of indemnity insurance. Judgment for plaintiff. Defendant brings error. Prior to June 6, 1914, Heystek and Vandervliet had entered into a contract with the city of Flint to pave certain streets, in said city.
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Error to Kalamazoo; Weimer (George V.), J. Assumpsit by Cornelius Vandervliet, individually and as surviving partner and assignee of Kichard Heystek, against The Standard Accident Insurance Company of Detroit, Michigan, for the amount of a policy of indemnity insurance. Judgment for plaintiff. Defendant brings error. Prior to June 6, 1914, Heystek and Vandervliet had entered into a contract with the city of Flint to pave certain streets, in said city. On said June 6th, they secured from defendant the indemnity policy of insurance 'sued upon. By virtue of this policy, defendant agreed to…
1Opinion of the CourtBrooke, J.
(after stating the facts). Defendant reviews the case in this court, grouping Ms assignments of error under the following heads:
“(1) The plaintiff was not entitled to a verdict, because he had not complied with the terms of the policy, with reference to notice of the accident.
“(2) The - Chicago Bonding Company is the real party in interest, and the court erred in permitting a recovery in this action by the plaintiff.
“(3) The court erred in permitting a recovery by plaintiff, on the theory of waiver or estoppel.”
1. The language of the policy with reference to notice has already been quoted.…
2Cases cited8 opinions
- Oakland Motor Co. v. American Fidelity Co.Michigan Supreme Court · 1916
- Cleaver v. Traders' InsuranceMichigan Supreme Court · 1888
- Towle v. Ionia, Eaton & Barry Farmers' Mutual Fire InsuranceMichigan Supreme Court · 1892
- J. Frank & Co. v. New Amsterdam Casualty Co.California Supreme Court · 1917
- Rooney v. Maryland Casualty Co.Massachusetts Supreme Judicial Court · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Grubaugh v. Simon J. Murphy Co.Michigan Supreme Court · 1920
- Barak v. Detroit Apartments Corp.Michigan Supreme Court · 1925
- Vechery v. Hartford Accident & Indemnity Ins. Co.Supreme Court of Delaware · 1956
- Federal Surety Company v. GuerrantCourt of Appeals of Kentucky (pre-1976) · 1931
- Price & Pierce v. Jarka Great Lakes CorporationDistrict Court, W.D. Michigan · 1941
1 more not listed; retrieve them via the Exa API.