Kitchen v. Hartford Fire Insurance
Michigan Supreme Court
Error to Shiawassee. (Newton, J.) Assumpsit. Defendant brings error. Additional insurance avoids a policy at once, unless consented to: Allemania Ins'urcmce Co. v. Hurd 37 Mich. 13; Western dec.
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Error to Shiawassee. (Newton, J.) Assumpsit. Defendant brings error. Additional insurance avoids a policy at once, unless consented to: Allemania Ins'urcmce Co. v. Hurd 37 Mich. 13; Western dec. Insurance Co. v. Rilter 10 Mich. 279 ; Security Insv/ra/nce Co. v.Fay 22 Mich. 469 ; New York Central Insurance Co. v. Watson 23 Mich. 487; if void it could only be revived with the consent of the insurer: Sun Insurance Co. v. Ewrle 29’ Mich. 412. An insurance company which has acted with full notice of the facts and received a party’s money under circumstances leading him to suppose he was receiving…
1Opinion of the CourtChamplif, J.
This is an action brought by the plaintiff to recover from the defendant the amount claimed to be due upon a policy of insurance.
The policy in question was issued at the company’s agency in Chicago, and is there countersigned as of date of January 12, 1883. The risk was to commence on that day at noon and extend to January 12, 1884, at noon. The policy was issued upon a written application signed by the assured, which was made a condition of the insurance, a part of the contract, and a warranty on the part of the assured. The property insured consisted of a store building, valued at $1200,…
2Cases cited5 opinions
- Westchester Fire Insurance v. EarleMichigan Supreme Court · 1876
- Security Insurance v. FayMichigan Supreme Court · 1871
- New York Central Insurance v. WatsonMichigan Supreme Court · 1871
- Western Massachusetts Insurance v. RikerMichigan Supreme Court · 1862
- Allemania Fire Insurance v. HurdMichigan Supreme Court · 1877
3Cited by14 opinions
- Cleaver v. Traders' InsuranceMichigan Supreme Court · 1887
- Grubbs v. North Carolina Home InsuranceSupreme Court of North Carolina · 1891
- McCarty v. Piedmont Mutual Ins.Supreme Court of South Carolina · 1908
- Maier v. Fidelity Mut. Life Ass'nCourt of Appeals for the Sixth Circuit · 1897
- Crouse v. Hartford Fire InsuranceMichigan Supreme Court · 1890
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