Tatham v. Liverpool, London & Globe Insurance
Supreme Court of North Carolina
Appeal by plaintiffs from Long, J., at January Term, 1921, of Haywood. Civil action to recover upon two contracts of insurance. They were written by tbe defendant to cover a certain lot of lumber belonging to tbe plaintiffs and wbicb was destroyed by fire while said contracts were in force.
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Appeal by plaintiffs from Long, J., at January Term, 1921, of Haywood. Civil action to recover upon two contracts of insurance. They were written by tbe defendant to cover a certain lot of lumber belonging to tbe plaintiffs and wbicb was destroyed by fire while said contracts were in force. Tbe policies were issued on 18 January, 1918, and 12 April, 1918, respectively, and they contain tbe regular-standard provisions and stipulations as authorized and set out in chapter 109, Public Laws 1915. The loss occurred 1 June, 1918, and this suit was instituted 25 October, 1919. From a judgment of…
1Opinion of the CourtStagy, J.
Tbe two policies in suit were issued under authority of chapter 109, Public Laws 1915. Each, contained, among other provisions; tbe following stipulation which was expressly prescribed and sanctioned by tbe statute law of tbe State then in force:
“No suit or action on this policy, for tbe recovery of any claim, shall be sustainable in any court of law or equity unless tbe insured shall have complied with all tbe requirements of this policy, nor unless commenced within twelve months next after tbe fire.”
Tbe loss occurred on 1 June, 1918, and suit was commenced 25 October, 1919, nearly seventeen…
2Cases cited7 opinions
- Gerringer v. North Carolina Home InsuranceSupreme Court of North Carolina · 1903
- Modlin v. Atlantic Fire InsuranceSupreme Court of North Carolina · 1909
- Hayes v. United States Fire InsuranceSupreme Court of North Carolina · 1903
- Muse v. London Assurance Corp.Supreme Court of North Carolina · 1891
- Harvey v. Fidelity & Casualty Co.Court of Appeals for the Sixth Circuit · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Beard v. Sovereign Lodge of Woodmen of the WorldSupreme Court of North Carolina · 1922
- Boyd v. Bankers & Shippers Insurance CompanySupreme Court of North Carolina · 1957
- Meekins v. Aetna InsuranceSupreme Court of North Carolina · 1950
- Holderness v. Hamilton Fire Ins. Co. of New YorkDistrict Court, S.D. Florida · 1944
- Zibelin v. Pawtucket Mutual Fire Insurance Co.Supreme Court of North Carolina · 1948
9 more not listed; retrieve them via the Exa API.