Legal Opinion
McKenzie v. Scottish Union & National Insurance
California Supreme Court
Decided May 5, 1896No. Sac. No. 42PublishedCited by 33 opinions
Appeal from a judgment of the Superior Court of Fresno County and from an order denying a new trial, J. R Webb, Judge. The facts are stated in the opinion.
1Opinion of the Court
Searls, C.
Action to recover for loss by fire upon insurance policy.
“Briefly stated, the facts are as follows:
“ On February 20, 1893, the defendant company executed in favor of one James Karnes its policy of insurance, insuring the said Karnes against loss by fire of a certain sawmill and the machinery therein contained for one year from and after said date. One of the stipulations of the policy was as follows:
“ ‘Warranted by the insured that during such time as the within-described buildings or works are idle or not in operation, whether closed for repairs or during the absence of workmen, or…
2Cases cited5 opinions
- Rankin v. Amazon Insurance Co.California Supreme Court · 1891
- Wood v. Hartford Fire Insurance Co.Supreme Court of Connecticut · 1840
- Wenzel v. Commercial Insurance Co.California Supreme Court · 1885
- Siera Milling, Smelting, and Mining Co. v. Hartford Fire InsuranceCalifornia Supreme Court · 1888
- Trojan Mining Co. v. Firemen's Insurance Co. of BaltimoreCalifornia Supreme Court · 1885
3Cited by33 opinions
- J. C. Penney Casualty Insurance v. M. K.California Supreme Court · 1991
- Downey Venture v. LMI Ins. Co.California Court of Appeal · 1998
- Trishan Air, Inc. v. Federal InsuranceCourt of Appeals for the Ninth Circuit · 2011
- Holz Rubber Co., Inc. v. American Star Ins. Co.California Supreme Court · 1975
- Chase v. National Indemnity Co.California Court of Appeal · 1954
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