Osborne v. Phenix Insurance
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County.— Hon. A. N. Cherry, Judge. Action to recover on a fire insurance policy for loss sustained from the destruction by fire of the property insured. From a judgment for plaintiff defendant appealed.
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Appeal from the Third District Court, Salt Lake County.— Hon. A. N. Cherry, Judge. Action to recover on a fire insurance policy for loss sustained from the destruction by fire of the property insured. From a judgment for plaintiff defendant appealed. As to the legal effect of the “other insurance” clause in the policy, the courts have been frequently called upon to construe similar provisions in fire insurance policies, and' their decisions have been conflicting, but the weight of authority and the most logical opinions uphold the validity and binding effect of such provisions. Gilbert v.…
1Opinion of the CourtBaskin, J.
This is an action to rec'over, on a fire insurance policy, for loss sustained from the destruction by fire of the property insured.
The defendant demurred to the complaint on the ground that it does not state facts sufficient to constitute a cause of action. The defendant also objected, on the same ground, to the introduction by plaintiff of any testimony, and also raised the same question on instructions requested by it. These objections to the complaint were overruled by the trial court.
The jury returned a verdict in favor of the plaintiff for $500, and a judgment for that sum, and for…
2Cases cited6 opinions
- Hamilton v. Home InsuranceSupreme Court of Missouri · 1887
- Russell & Co. v. State Ins.Supreme Court of Missouri · 1874
- West v. Norwich Union Fire Insurance SocietyUtah Supreme Court · 1894
- Phœnix Insurance v. BentonIndiana Supreme Court · 1882
- Hegard v. California InsuranceCalifornia Supreme Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Western Nat. Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- Farmers Mercantile Co. v. Farmers Ins.Supreme Court of Iowa · 1913
- United Pac. Ins. Co. v. Northwestern Nat. Ins. Co.Court of Appeals for the Tenth Circuit · 1950
- United Pac. Ins. Co. v. Northwestern Nat. Ins. Co.Court of Appeals for the Tenth Circuit · 1950
- Western Nat. Ins. v. MarshSupreme Court of Oklahoma · 1912