Johnson v. Rhode Island Insurance
Supreme Court of North Carolina
Appeal from Lyon, J., at August Term, 1916, of Pitt. This is an action to recover upon two policies of tornado insurance issued by defendant company and alleged to be in force on 3 September, 1913, when a storm partially destroyed tbe tobacco warehouse alleged to be insured. Policy No. 2105 bears date 5 June, 1913, and Policy No. 2106 bears date 23 June, 1913, and each ran for one year from date.
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Appeal from Lyon, J., at August Term, 1916, of Pitt. This is an action to recover upon two policies of tornado insurance issued by defendant company and alleged to be in force on 3 September, 1913, when a storm partially destroyed tbe tobacco warehouse alleged to be insured. Policy No. 2105 bears date 5 June, 1913, and Policy No. 2106 bears date 23 June, 1913, and each ran for one year from date. The premium on these policies was $4 each, and they were in the sum of $2,000 each. The policies purported to insure “one-story brick building, with metal roof, and inclosed addition thereto…
1Opinion of the CourtAlleN, J.
The warehouse, covered by the policies of insurance, was not enclosed and under roof at the time the policies were issued, and the defendant bases its motion for judgment of nonsuit upon this fact, contending, as the policies provide that the company shall not be liable for any loss or damage to buildings in process of construction or reconstruction unless the same are entirely enclosed and under roof, that there is no liability on the defendant, although the warehouse was enclosed and under roof at the time of the loss.
The rule of construction prevails .almost universally that contracts of…
2Cases cited12 opinions
- Berry v. American Central Insurance Co. of St. LouisNew York Court of Appeals · 1892
- Wood v. . American Fire Ins. Co.New York Court of Appeals · 1896
- Grabbs v. Farmers' Mutual Fire InsuranceSupreme Court of North Carolina · 1899
- Forward v. Continental InsuranceNew York Court of Appeals · 1894
- Smith v. N. C. RailroadSupreme Court of North Carolina · 1873
7 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Hubbard v. Southern Railway Co.Supreme Court of North Carolina · 1932
- Gore v. Myrtle/MuellerSupreme Court of North Carolina · 2007
- Midkiff v. North Carolina Home InsuranceSupreme Court of North Carolina · 1929
- Aldridge v. Greensboro Fire InsuranceSupreme Court of North Carolina · 1927
- Norfolk Southern Railroad v. SmithermanSupreme Court of North Carolina · 1919
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