Jordan v. Hanover Fire Insurance
Supreme Court of North Carolina
Appeal from E. B. Jones, J., September Term, 1909, of Fob-SYTH. These issues were submitted to the jury: 1. “Was the storehouse of the plaintiff insured in the defendant company on 6 March, 1908?” Answer: “Yes.” 2. “Was said house insured under policies Nos. 2206 and 2282, terms of which were like policy marked Exhibit A’?” Answer: “Yes.” 3. “Was plaintiff the owner and had an insurable interest in the store building insured by the defendant and destroyed by fire ?” Answer:…
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Appeal from E. B. Jones, J., September Term, 1909, of Fob-SYTH. These issues were submitted to the jury: 1. “Was the storehouse of the plaintiff insured in the defendant company on 6 March, 1908?” Answer: “Yes.” 2. “Was said house insured under policies Nos. 2206 and 2282, terms of which were like policy marked Exhibit A’?” Answer: “Yes.” 3. “Was plaintiff the owner and had an insurable interest in the store building insured by the defendant and destroyed by fire ?” Answer: “Yes.” 4. “What was the actual cash value of the building at the time of the fire ?” Answer: “Five hundred dollars.” 5.…
1Opinion of the CourtBeown, J.
This action is brought to recover of the defendant upon a policy of insurance issued by its agent and covering a certain house belonging to the plaintiff.
It is unnecessary to consider any questions relating to proofs of loss, as the defendant denies its liability, in any event, under the policy.
It seems to be well settled that a distinct denial by an insurance company of liability under a policy, after the loss and within the time prescribed for the proofs, upon the ground that there is no valid contract of insurance, is a waiver of proofs of loss, because in such a case the proofs do not…
2Cases cited7 opinions
- Knickerbocker Life Insurance v. PendletonSupreme Court of the United States · 1884
- Phenix Ins. v. KerrCourt of Appeals for the Eighth Circuit · 1904
- Loventhal v. Home InsuranceSupreme Court of Alabama · 1895
- Milwaukee Mechanics' Ins. v. B. S. Rhea & SonCourt of Appeals for the Sixth Circuit · 1903
- Pennsylvania Fire Ins. v. HughesCourt of Appeals for the Fifth Circuit · 1901
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3Cited by12 opinions
- Gorham v. . Insurance Co.Supreme Court of North Carolina · 1938
- Lowe v. . Fidelity and Casualty Co.Supreme Court of North Carolina · 1915
- Misskelley v. Home Life Insurance Co.Supreme Court of North Carolina · 1933
- Roberts v. American Alliance InsuranceSupreme Court of North Carolina · 1937
- Higson v. . Insurance CompanySupreme Court of North Carolina · 1910
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