Legal Opinion
Hemenway v. American Casualty Co. of Reading
District Court, W.D. Louisiana
Decided March 4, 1963No. Civ. A. No. 8881PublishedCited by 5 opinions
1Opinion of the Court
HUNTER, District Judge.
On or about January 14, 1962, Paul Hemenway’s home was badly damaged by water that escaped from one or more pipes which burst because of unusually frigid weather. His home was insured against such a loss by a policy of insurance issued by defendant.
Defendant pegs its case on the proposition that the insured dwelling was “vacant or unoccupied” when the damages were sustained, within the meaning and intent of the words “vacant or unoccupied”, as used in Special Exclusion F of the policy:
“F. To plumbing or heating systems or their appliances, or by leakage or overflow from…
2Cases cited5 opinions
- Weingart v. DelgadoSupreme Court of Louisiana · 1943
- Bouis v. ætna Casualty & Surety Co.District Court, W.D. Louisiana · 1950
- Republic Ins. Co. v. WatsonCourt of Appeals of Texas · 1934
- Monarch Insurance Company of Ohio v. RippySupreme Court of Oklahoma · 1962
- Young v. Fidelity & Casualty Co.Missouri Court of Appeals · 1919
3Cited by5 opinions
- St. Paul Mercury Insurance Company v. Dewey HuittCourt of Appeals for the Sixth Circuit · 1964
- Palmer v. Pawtucket Mutual InsuranceMassachusetts Supreme Judicial Court · 1967
- Walter Myers v. Merrimack Mutual Fire Insurance Company, an Insurance Company Doing Business in IllinoisCourt of Appeals for the Seventh Circuit · 1986
- Burrell v. Seguros America Banamex, SALouisiana Court of Appeal · 1975
- St. Paul Mercury Insurance v. HuittCourt of Appeals for the Sixth Circuit · 1964