Legal Opinion

Scottish Union & National Insurance v. B. E. Linkenhelt & Co.

Indiana Court of Appeals

Decided December 31, 1918No. 9,548PublishedCited by 8 opinions

From Marshall Circuit Court; Smith N. Stevens, Judge. Action by B. E. Linkenhelt and Company, Incorporated, against the Scottish Union and National Insurance Company. From a judgment for plaintiff, the defendant appeals.

1Opinion of the CourtHottel, J.

This is an action by appellee to recover on an insurance policy in which appellant promised to indemnify appellee against loss or damage to certain of its property by windstorm, cyclone or tornado.

Fifty-six propositions are stated under appellant’s points and authorities, of which the first challenges the action of the circuit court in sustaining a demurrer to appellant’s second paragraph of answer.

1. This answer set up, by way of defense, a provision in the policy to the effect that “this company shall not be liable for any loss or damage caused by hail, whether driven by wind or not,…

2Cases cited17 opinions

  1. Indian Creek Coal & Mining Co. v. CalvertIndiana Court of Appeals · 1918
  2. Cincinnati, Hamilton & Indianapolis Railroad v. MaddenIndiana Supreme Court · 1893
  3. Jordan v. Iowa Mutual Tornado InsuranceSupreme Court of Iowa · 1911
  4. Peabody-Alwert Coal Co. v. YandellIndiana Supreme Court · 1913
  5. Eckman v. FunderburgIndiana Supreme Court · 1915

12 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Ziegler v. Tipton Lumber Co.Indiana Court of Appeals · 1958
  2. City of Teree Haute v. O'NealIndiana Court of Appeals · 1920
  3. Fidelity Phenix Fire Insurance v. PurleeIndiana Supreme Court · 1922
  4. George A. Hoagland & Co. v. Insurance Co. of North AmericaNebraska Supreme Court · 1936
  5. Sutton v. StateIndiana Court of Appeals · 1991

3 more not listed; retrieve them via the Exa API.

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