Legal Opinion

McCormick v. Springfield Fire & Marine Ins. Co.

California Supreme Court

Decided January 19, 1885No. 9,417PublishedCited by 13 opinions

Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. " The facts are sufficiently stated in the opinion of the court.

1Opinion of the CourtMcKinstry, J.

The policy of insurance on which this action was brought contains the covenants:

“ If the assured is not the sole, absolute, and unconditional owner of the property insured, * * * and the interest of the assured be not truly stated in the policy, * * * then and in every such case the policy shall be void.
“ If an application * * * is referred to in this policy * * * such application * * shall be considered a part of this policy and a warranty by the assured; and if the assured, in a written or verbal application, makes any erroneous misrepresentation, * * * then and in every such case this…

2Cases cited4 opinions

  1. Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
  2. Mers v. Franklin InsuranceSupreme Court of Missouri · 1878
  3. Security Insurance v. FayMichigan Supreme Court · 1871
  4. Southwick v. Atlantic Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1882

3Cited by13 opinions

  1. Syndicate Ins. v. BohnCourt of Appeals for the Eighth Circuit · 1894
  2. Goorberg v. the Western Assurance Co.California Supreme Court · 1907
  3. Kohl v. LilienthalCalifornia Supreme Court · 1889
  4. McCormick v. Orient InsuranceCalifornia Supreme Court · 1890
  5. Watson v. BonfilsCourt of Appeals for the Eighth Circuit · 1902

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