Harrison v. Hartford Fire Ins.
U.S. Circuit Court for the Southern District of Iowa
Action by George D. Har-rir.on against tbe Hartford Fire Insurance Company on a policy. Defendant demurred. The petition filed herein May 29, 1894, alleges the following facts, material to the question presented by tbe demurrer: Plaintiff, on June 18, 1890, insured his dwelling house, situated in Louisa county, Iowa, and certain personal property therein, and also his carriage house and barn, in the defendant insurance company, for a term of five years.
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Action by George D. Har-rir.on against tbe Hartford Fire Insurance Company on a policy. Defendant demurred. The petition filed herein May 29, 1894, alleges the following facts, material to the question presented by tbe demurrer: Plaintiff, on June 18, 1890, insured his dwelling house, situated in Louisa county, Iowa, and certain personal property therein, and also his carriage house and barn, in the defendant insurance company, for a term of five years. On October 4, 1892, the buildings insured, together with a large part of the personal property, were destroyed by fire. On January 16, 1893,…
1Opinion of the Court
WOOLSON, District Judge.
Can tbe present action be maintained, under tbe clause in tbe policy generally known as tbe limita-, *299lion clause or condition? This is the only question to be decided on ihis hearing. The clause is valid and upheld by the courts. O’Laughlin v. Insurance Co., 3 McCrary, 543,11 Fed. 280; Insurance Co. v. Stanchfield, 1 Dill. 424, Fed. Cas. No. 6,660; Riddlesbarger v. Insurance Co., 7 Wall. 386. The fire occurred October 4,1892. The petition herein was filed on May 29,1894. If this clause be literally and strictly applied to these dates, manifestly this action is barred,…
2Cases cited6 opinions
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Riddlesbarger v. Hartford InsuranceSupreme Court of the United States · 1869
- Jacobs v. St. Paul Fire & Marine InsuranceSupreme Court of Iowa · 1892
- Home Ins. Co. v. StanchfieldU.S. Circuit Court for the District of Minnesota · 1870
- O'Laughlin v. Union Central Life Ins.District Court, E.D. Missouri · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Tracy v. Queen City Fire Ins.Supreme Court of Louisiana · 1913
- Ray v. Liberty Industrial Life Ins. Co.Louisiana Court of Appeal · 1938
- Green v. Peoples Benev. Industrial Life Ins. Co.Louisiana Court of Appeal · 1941
- Hartzell v. Maryland Casualty Co.Appellate Court of Illinois · 1911
- Vulcanite Roofing Co. v. Commonwealth S. S. Co.District Court, E.D. Virginia · 1921
1 more not listed; retrieve them via the Exa API.