Queen Insurance Co. of North America v. Vines
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by II. L. Vines against the Queen Insurance Company of North America, on a fire insurance policy. Judgment for plaintiff and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by II. L. Vines against the Queen Insurance Company of North America, on a fire insurance policy. Judgment for plaintiff and defendant appeals. Under the evidence in this case the inventory and the books were not taken and kept as required by the iron safe clause in the policy. — 2 Cooley on Insurance, 181; 48 S. W. 559; 67 S. W. 153; 36 S. E. 622; 19 Cyc. 762; 4 Words & Phrases, 3755. Such clause constitutes a warranty and not a mere representation.- — 27 S. E. 180; 71 Miss. 608; 48 S. W. 559; 74 S. W. 792. Such…
1Opinion of the CourtMayfield, J.
This is an action on an ordinary fire insurance policy, which contained the “iron safe clause” in usual form. The only defense interposed which is proper to be considered on this appeal is that of a special plea setting up a breach of this “iron safe clause,” in that no inventory was made and no books were kept by the insured as required by this clause. A trial was had upon this issue, among others, and resulted *570in a judgment for plaintiff, from -which the insurance company prosecutes this appeal.
This court has very recently discussed the main questions raised on this appeal, and announced…
2Cases cited1 opinion
- Elam v. A. P. Brewer Lumber Co.Supreme Court of Alabama · 1912
3Cited by2 opinions
- Insurance Co. of North America v. WilliamsSupreme Court of Alabama · 1917
- Mississippi Fire Ins. Co. v. PerdueSupreme Court of Alabama · 1928