Legal Opinion

Gross v. St. Paul F. & M. Ins.

U.S. Circuit Court for the District of Minnesota

Decided October 24, 1884PublishedCited by 11 opinions

On Motion for Judgment.

1Opinion of the CourtBrewer, J.

This was an action on a policy of .insurance. The answer alleged, as a separate defense, that the policy contained the following stipulation:

“The assured shall, if required, submit to an examination or examinations under oath by any person appointed by the company, and subscribe thereto, when reduced to writing, and a refusal to answer any such questions or sign such examination shall cause a forfeiture of all claim under this policy.”

—And also that the company demanded and the plaintiff refused to submit to such an examination. The policy, when produced on the trial, contained the…

2Cases cited3 opinions

  1. Mueller v. Putnam Fire InsuranceSupreme Court of Missouri · 1869
  2. Shed v. AugustineSupreme Court of Kansas · 1875
  3. Conway v. WhartonSupreme Court of Minnesota · 1868

3Cited by11 opinions

  1. Hickman v. London Assurance Corp.California Supreme Court · 1920
  2. Humphrey v. National Fire Ins. Co. of HartfordTexas Commission of Appeals · 1921
  3. Roberto v. Hartford Fire Ins. Co.Court of Appeals for the Seventh Circuit · 1949
  4. Gipps Brewing Corp. v. Central Manufacturers' Mut. Ins.Court of Appeals for the Seventh Circuit · 1945
  5. Pearlstine v. Westchester Fire Ins.Supreme Court of South Carolina · 1904

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