Commercial Union Assurance Co. v. Ryalls
Supreme Court of Alabama
Action on Insurance Policy. Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Action by J. Ryalls against the Commercial Union Assurance Company to recover on a fire insurance policy. Judgment for plaintiff and defendant appeals.
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Action on Insurance Policy. Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Action by J. Ryalls against the Commercial Union Assurance Company to recover on a fire insurance policy. Judgment for plaintiff and defendant appeals. In considering the validity and binding effect of a contract of insurance,- it may be stated to be elementary, that a breach of a condition precedent avoids the policy of insurance absolutely. — Phoenix Insurance Go. v. Copeland, 86 Ala. 551; -Collins v. St. Paul Fire, etc., Go., 44 Minn. 440; Phoenix Insurance Go. v. Public Parks Am. Go., 68 Ark.…
1Opinion of the CourtMayfield, J.
The majority of the court are of the opinion that the contract as to'the purchase of the land in question is within the protection of the rule announced in the case of Loventhal v. Insurance Co., 112 Ala. 108, 20 South. 419, 33 L. R, A. 258, 57 Am. St. Rep. 17, that the plaintiff had an insurable interest in the property, and that'there was no breach of warranty as to the insured’s interest in the property, as set up by the insurance company in its pleas.
*525The majority are of the further opinion that under all the evidence and the issues of this case the plaintiff was entitled to the general…
2Cases cited1 opinion
- Loventhal v. Home InsuranceSupreme Court of Alabama · 1895
3Cited by11 opinions
- Birmingham Ry., Light & Power Co. v. LittletonSupreme Court of Alabama · 1917
- Insurance Co. of North America v. WilliamsSupreme Court of Alabama · 1917
- Girard Fire Marine Ins. Co. v. GunnSupreme Court of Alabama · 1930
- New Brunswick Fire Ins. Co. v. NicholsSupreme Court of Alabama · 1923
- Gunn v. Palatine Ins. Co., Ltd., of LondonSupreme Court of Alabama · 1927
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