Gazzam v. German Union Fire Insurance
Supreme Court of North Carolina
Appeal from Councill, J., at tbe December Term, 1910, of BUNCOMBE. This is an action to recover $2,500 on a policy of fire insurance. Tire defendant denied that it issued the policy or that it was issued by its authority.
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Appeal from Councill, J., at tbe December Term, 1910, of BUNCOMBE. This is an action to recover $2,500 on a policy of fire insurance. Tire defendant denied that it issued the policy or that it was issued by its authority. Prior to 22 November, 1908, the plaintiff held a fire insurance policy, issued by the Ohio German Fire Company, for $2,500 on the property described in the policy in controversy in this action, and on said day said company became insolvent, and a receiver was appointed to take charge of its assets and business. M. W. Nash was the general agent, and the firm of Alston, Rawls…
1Opinion of the Court
AlleN, J.,
after stating the case. The policy declared on is what is known as the standard policy, and contains the provision approved by the statute, that “in the matter relating to this insurance, no person, unless duly authorized in writing, shall be deemed the agent of this company.”
We do not think it was the purpose of the statute to say that no recovery could be had on a policy of insurance containing stipulations not provided for in the statute, or that the stipulation under consideration imposes on the insured the duty of showing that the agent who issues the policy had written…
2Cases cited5 opinions
- Wood v. . American Fire Ins. Co.New York Court of Appeals · 1896
- Smith v. N. C. RailroadSupreme Court of North Carolina · 1873
- Southerland v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Armstrong v. Western Manufacturers' Mutual InsuranceMichigan Supreme Court · 1893
- Folb v. Firemen's InsuranceSupreme Court of North Carolina · 1903
3Cited by31 opinions
- American Trust Co. v. Life InsuranceSupreme Court of North Carolina · 1917
- Johnson v. Rhode Island InsuranceSupreme Court of North Carolina · 1916
- Germania Fire Insurance v. BallyArizona Supreme Court · 1918
- Gratz v. Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1924
- McCain v. Hartford Live Stock InsuranceSupreme Court of North Carolina · 1925
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