Royal Insurance v. Lubelsky
Supreme Court of Alabama
Appeal from the City Court ■ of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by D. Lubelsky, against the Royal Insurance Company of Liverpool, a foreign corporation; and was founded on a policy of insurance against fire, which the plaintiff had effected with the defendant on a house in Birmingham. There was a judgment on verdict for the plaintiff, under the rulings of the court below, for $2,046.66. The opinion states the material facts.
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Appeal from the City Court ■ of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by D. Lubelsky, against the Royal Insurance Company of Liverpool, a foreign corporation; and was founded on a policy of insurance against fire, which the plaintiff had effected with the defendant on a house in Birmingham. There was a judgment on verdict for the plaintiff, under the rulings of the court below, for $2,046.66. The opinion states the material facts. As matter of law, we contend, .(1) that the words used in the policy — “when completed, to be occupied as a private…
1Opinion of the CourtSomerville, J.
The action is one on a fire-insurance policy for the value of a dwelling-house destroyed by fire on April 14th, 1888, the policy having been issued July 1st, 1887. The building is described as a “two-story framed shingle-roof dwelling-house, when completed to he occupied as a private dwelling-house,” situated on certain named streets in the city of Birmingham.
The policy contains, as usual with such agreements, a number of conditions, on the happening of which it is stipulated that the insurer shall not be liable for any loss or damage occasioned by fire. One of these is, if the building…
2Cases cited16 opinions
- Hough v. City Fire InsuranceSupreme Court of Connecticut · 1860
- Herrman v. . Adriatic Fire Insurance Co.New York Court of Appeals · 1881
- Alabama Gold Life Insurance v. JohnstonSupreme Court of Alabama · 1886
- Short v. . Home Insurance CompanyNew York Court of Appeals · 1882
- Alexander v. . Germania Fire Ins. Co.New York Court of Appeals · 1876
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Gordon v. St. Paul Fire & Marine InsuranceMichigan Supreme Court · 1917
- Harris v. North American InsuranceMassachusetts Supreme Judicial Court · 1906
- North River Insurance v. WaddellSupreme Court of Alabama · 1927
- Fourth Nat. Bank v. WoolfolkSupreme Court of Alabama · 1929
- Tarrant Land Co. v. Palmetto Fire Ins. Co.Supreme Court of Alabama · 1930
1 more not listed; retrieve them via the Exa API.