Legal Opinion
National Union Fire Ins. Co. v. Schwab
Supreme Court of Alabama
Decided June 26, 1941No. 6 Div. 884PublishedCited by 10 opinions
1Opinion of the Court
FOSTER, Justice.
This is a suit on a policy of fire insurance, in which the principal defense was fraud and false swearing in making the proofs as stipulated in a clause in the policy.
The pleas which set up such defense allege that plaintiff made the statements with intent to deceive. This is in recognition of the principle that such intent is a prerequisite to a plea of that sort. The statement is made in many authorities that such intent is a necessary element of the defense. 29 Am.Jur. 849, 850, §§ 1132, 1133; 26 Corpus Juris 383, § 493; Tubb v. Liverpool & L. & G. Ins. Co., 106 Ala. 561,…
2Cases cited5 opinions
- Cartwright v. BralySupreme Court of Alabama · 1928
- Great American Ins. Co. v. DoverSupreme Court of Alabama · 1929
- Gunn v. Palatine Ins. Co., Ltd., of LondonSupreme Court of Alabama · 1927
- Mick v. Corp. of Royal Exchange Assurance of London, EnglandSupreme Court of New Jersey · 1914
- Hall v. SimsSupreme Court of Alabama · 1894
3Cited by10 opinions
- First Alabama Bank Of Montgomery, N.A. v. First State Insurance CompanyCourt of Appeals for the First Circuit · 1990
- Bockser v. Dorchester Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1951
- Hartford Fire Ins. Co. v. ClarkSupreme Court of Alabama · 1952
- Orient Ins. v. ParkhillCourt of Appeals for the Fifth Circuit · 1948
- Narional Surety Corporation v. W. T. Musgrove and William R. Cadenhead, Individually and as Partners Doingbusiness as Musgrove Insurance AgencyCourt of Appeals for the Fifth Circuit · 1962
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