Stockton v. Firemen's Insurance
Supreme Court of Louisiana
APPEAL from the Third District Court for the parish of Orleans. Monroe, J. First — "Where there is do agreement between an applicant for insurance and the company ho proposes to insure in, as to the amount of insurance, either direct or implied, there can be no contract between the parties. May on Insurance, 52; Civil Code, 1766,1798; Pothier, Traite de Confc. d’Ass.
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APPEAL from the Third District Court for the parish of Orleans. Monroe, J. First — "Where there is do agreement between an applicant for insurance and the company ho proposes to insure in, as to the amount of insurance, either direct or implied, there can be no contract between the parties. May on Insurance, 52; Civil Code, 1766,1798; Pothier, Traite de Confc. d’Ass. No. 87. Second — An insurance contract is only then complete, when nothing remains to be done but issue the policy. To constitute a valid contract of insurance, the minds of the parties must meet as to the premises and the risk;…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
This is a suit upon an alleged contract of insurance, which plaintiff claims to have been formed with defendant by reason of the following facts, viz:
Plaintiff, on March 13th, 1875, was solicited by H. D. Hill, a general insurance agent and solicitor, who had authority to solicit for defendant as well as other companies, to insure his stock in trade and machinery in the Firemen’s Insurance Company. Upon asking the rate of insurance, Hill sent to him the inspector of the company, who, after examination, stated the rate would be two and a half,…
2Cases cited2 opinions
- Trustees of the First Baptist Church v. Brooklyn Fire InsuranceNew York Court of Appeals · 1863
- M'Donough v. WinchesterSupreme Court of Louisiana · 1830
3Cited by11 opinions
- Douglass v. Mutual Ben. Health & Accident Ass'nNew Mexico Supreme Court · 1937
- Fischbach and Moore, Inc. v. Cajun Electric Power Cooperative, Inc.Court of Appeals for the Fifth Circuit · 1986
- Merchants' Planters' Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- Shawnee Mut. Fire Ins. Co. v. McClureSupreme Court of Oklahoma · 1913
- International Filter Co. v. Conroe Gin, Ice & Light Co.Texas Commission of Appeals · 1925
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