Phenix Insurance v. Clay
Supreme Court of Georgia
Action on insurance policy. Before Judge Felton. Bibb superior court. April term, 1896.
1Opinion of the CourtSimmons, C. J.
The Phenix Insurance Company issued to Clay a policy of insurance on a house of the latter, which had been by him let to a lewd woman with knowledge on his part that it was to be used by her for purposes of prostitution. The question to be decided here is as to whether the fact that the house was so rented and used will, in case of loss, defeat Clay’s action on the policy. In the absence of any stipulation in the policy under which the immoral use of the house would vacate the contract, the policy would not be vacated unless it be shown that the contract is immoral or illegal or is against…
2Cases cited4 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- Clay v. Phœnix InsuranceSupreme Court of Georgia · 1895
- Ocean Insurance v. PolleysSupreme Court of the United States · 1839
- Niagara Fire Insurance v. DeGraffMichigan Supreme Court · 1863
3Cited by27 opinions
- Emory University v. PorubianskySupreme Court of Georgia · 1981
- Mutual Life Insurance v. DurdenCourt of Appeals of Georgia · 1911
- Life Ins. Co. of Georgia v. BurkeSupreme Court of Georgia · 1963
- Shannondoah, Inc. v. SmithCourt of Appeals of Georgia · 1976
- Cash v. Street & Trail, Inc.Court of Appeals of Georgia · 1975
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