American Insurance v. Luttrell
Illinois Supreme Court
Appeal from the Circuit Court of Randolph county; the Hon. Amos Watts, Judge, presiding. This is an action, brought by Luttrell, against the insurance company, upon a policy covering a period of five years from November 17, 1873, by which the plaintiff was insured in the sum of $1400—on his dwelling house $800, „on the barn and shed adjoining $300, on the grain therein $50, the hay therein $35, and on dwelling house number two $200. At the time of the execution of this…
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Appeal from the Circuit Court of Randolph county; the Hon. Amos Watts, Judge, presiding. This is an action, brought by Luttrell, against the insurance company, upon a policy covering a period of five years from November 17, 1873, by which the plaintiff was insured in the sum of $1400—on his dwelling house $800, „on the barn and shed adjoining $300, on the grain therein $50, the hay therein $35, and on dwelling house number two $200. At the time of the execution of this policy appellee held a policy in the Phoenix Insurance Company for $1000, of which $600 was on the dwelling house above…
1Opinion of the CourtJustice Dickey
The first point made by counsel for appellant is, that “the policy sued on was void by reason of the false warranty as to other insurance in the application.” This position is well taken, unless the insurance company be estopped from making this defense. In the case of the Rockford Insurance Co. v. Nelson, 75 Ill. 415, it is said by this court, “If the agent of appellant [insurance company] made out the application for the insurance with a knowledge of the facts, and there was no collusion in so doing between the agent and appellee, then appellant is bound by its statements as to * * * the…
2Cited by12 opinions
- Havens v. Home InsuranceIndiana Supreme Court · 1887
- Sullivan v. Phenix InsuranceSupreme Court of Kansas · 1885
- Fireman's Fund Insurance v. NorwoodCourt of Appeals for the Eighth Circuit · 1895
- Shotliff v. Modern Woodmen of AmericaMissouri Court of Appeals · 1903
- Hamilton v. Aurora Fire InsuranceMissouri Court of Appeals · 1884
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