Draper v. Delaware State Grange Mutual Fire Insurance
Superior Court of Delaware
Action by Annie Y. Draper against the Delaware State Grange Mutual Fire Insurance Company. Demurrer to Declaration (No. 45, February Term, 1914). Demurrer sustained.
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Action by Annie Y. Draper against the Delaware State Grange Mutual Fire Insurance Company. Demurrer to Declaration (No. 45, February Term, 1914). Demurrer sustained. The averments of the first and third counts of the declaration are to the effect that the defendant made a contract of insurance with the plaintiff whereby it undertook and promised to “insure the plaintiff against loss or damage” resulting from destruction by fire or lightning of “certain property in the said agreement or policy named and described,” and that thereafter “the property in said policy insured was damaged or…
1Opinion of the CourtWoolley, J.
[1, 2] In order for a party to recover on a contract of insurance, two things are necessary to be proven: First, the existence of a valid contract;- and, second, the occasion that fixes liability thereunder. A contract of insurance against loss or damage to property is a contract of indemnity. It is an undertaking on the part .of the insurer, based upon sufficient consideration to pay the insured a certain sum of money upon the happening of a certain contingency. The contingency, in the contract here sued upon, is loss occasioned the plaintiff by fire to the property described in the contract.
2Cases cited11 opinions
- Hooper v. RobinsonSupreme Court of the United States · 1879
- Quarrier v. Peabody Insurance Co.West Virginia Supreme Court · 1877
- Hardwick v. State InsuranceOregon Supreme Court · 1891
- Chrisman v. State InsuranceOregon Supreme Court · 1888
- Traders Insurance v. NewmanIndiana Supreme Court · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Steigler v. Insurance Co. of North AmericaSupreme Court of Delaware · 1978
- PHL Variable Insurance v. Price Dawe 2006 Insurance Trust Ex Rel. Christiana Bank & Trust Co.Supreme Court of Delaware · 2011
- New Castle County v. Continental Cas. Co.(CNA)District Court, D. Delaware · 1989
- Wolf v. Home Insurance Co.New Jersey Superior Court Appellate Division · 1968
- First National Bank v. Boston InsuranceAppellate Court of Illinois · 1958
12 more not listed; retrieve them via the Exa API.