Palatine Insurance v. Nunn
Mississippi Supreme Court
Appeal from the circuit court of Hinds county. Hon. W. A. Henry, Judge. ' Suit hy Kate Nunn against the Palatine Insurance Company Limited. From a judgment for plaitiff the defendant appeals. The facts are as follows: Appellant instituted suit upon a policy of two thousand and five hundred dollars, insuring a two-story frame building from loss or damage hy fire.
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Appeal from the circuit court of Hinds county. Hon. W. A. Henry, Judge. ' Suit hy Kate Nunn against the Palatine Insurance Company Limited. From a judgment for plaitiff the defendant appeals. The facts are as follows: Appellant instituted suit upon a policy of two thousand and five hundred dollars, insuring a two-story frame building from loss or damage hy fire. The appellee claims in its plea that -the damage is only fourteen hundred dollars, and is therefore not a total loss. To this plea a replication was filed, which set up that the house was within the fire limits of the city, and could…
1Opinion of the Court
Whitfield, C.
The policy of insurance in this case conthins this clause: “This company shall not be liable, beyond the actual value destroyed by fire, for loss occasioned by ordinance or law regulating construction or repair of buildings.” The insurance was for two thousand five hundred dollars. The property was worth about three thousand five hundred dollars. The damage inflicted by fire was about fourteen hundred dollars. The building was a frame building, within the fire limits of the city of Jackson. The insured was prohibited from reconstructing the building by the ordinances of the city…
Also in this document: Per curiam.
2Cases cited3 opinions
- Hewins v. London Assurance Corp.Massachusetts Supreme Judicial Court · 1903
- New Orleans Real Estate Mortgage & Securities Co. v. Teutonia InsuranceSupreme Court of Louisiana · 1910
- Sandberg v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1900
3Cited by14 opinions
- Scanlan v. Home Ins. Co.Court of Appeals of Texas · 1935
- Scott v. Transport Indem. Co.Mississippi Supreme Court · 1987
- Mierzwa v. Florida Windstorm UnderwritingDistrict Court of Appeal of Florida · 2004
- Stahlberg v. Travelers Indemnity Co.Missouri Court of Appeals · 1978
- Monistere v. State Farm Fire & Casualty Co.Court of Appeals for the Fifth Circuit · 2009
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