Legal Opinion

Aetna Fire Ins. v. Kennedy

Supreme Court of Alabama

Decided June 10, 1909PublishedCited by 30 opinions

Appeal from Jackson Circuit Court. Heard before 1-Ion. W. W. Haralson. Action by T. J. Kennedy against the Aetna Insurance Comp an j' on a fire insurance policy. From a judgment for plaintiff, defendant appeals. Plea 2 was as follows: “Said plaintiff, at the time of the execution of the policy of insurance upon which this action is based, was not the owner of the property described in said policy of insurance and which is described in said complaint.”

Read the full summary

Appeal from Jackson Circuit Court. Heard before 1-Ion. W. W. Haralson. Action by T. J. Kennedy against the Aetna Insurance Comp an j' on a fire insurance policy. From a judgment for plaintiff, defendant appeals. Plea 2 was as follows: “Said plaintiff, at the time of the execution of the policy of insurance upon which this action is based, was not the owner of the property described in said policy of insurance and which is described in said complaint.” The replication to which demurrers were filed is as follows: “ (6) Comes the plaintiff, and for special replication No. 6 to plea No. 2 says:…

1Opinion of the CourtSimpson, J.

This action was brought by the appellee against the appellant on a fire insurance policy issued by the appellant. The first assignment of error insisted on is to the action of the court in overruling defendant’s demurrer to the fifth replication to plea 2 to the complaint. The substance of plea 2 is that the plaintiff, at the time of the issuance of the policy, was not the owner of the property insured, and the replication is that he was the OAvner of stock in the company which owned the property, worth more than double the value of the policy, that said fact was known to the general agent of…

2Cases cited10 opinions

  1. Queen Insurance v. YoungSupreme Court of Alabama · 1888
  2. Syndicate Insurance v. CatchingsSupreme Court of Alabama · 1893
  3. Riggs v. Commercial Mutual InsuranceNew York Court of Appeals · 1890
  4. Continental Insurance v. ParkesSupreme Court of Alabama · 1904
  5. Western Assurance Co. v. StoddardSupreme Court of Alabama · 1889

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

3Cited by30 opinions

  1. Southern States Fire Ins. v. KronenbergSupreme Court of Alabama · 1917
  2. Girard Fire Marine Ins. Co. v. GunnSupreme Court of Alabama · 1930
  3. German Alliance Insurance v. HaleSupreme Court of the United States · 1911
  4. Westchester Fire Ins. Co. of New York v. GreenSupreme Court of Alabama · 1931
  5. Yorkshire Ins. Co. v. GazisSupreme Court of Alabama · 1929

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API