Scruggs v. American Cent. Ins. Co. of St. Louis
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the United States for the Northern District of Alabama. Suit in equity by the American Central Insurance Company of St. Louis against Scruggs & Echols and others. Decree for complainant, and defendants Scruggs & Echols appeal. This suit was brought in the court below by the appellee, a Missouri corporation, against the appellants, citizens of Alabama, and three fire insurance companies.
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Appeal from the Circuit Court of the United States for the Northern District of Alabama. Suit in equity by the American Central Insurance Company of St. Louis against Scruggs & Echols and others. Decree for complainant, and defendants Scruggs & Echols appeal. This suit was brought in the court below by the appellee, a Missouri corporation, against the appellants, citizens of Alabama, and three fire insurance companies. The following is a brief statement of the facts alleged in the bill: The appellee, American Central Insurance Company of St. Louis, issued its policy of insurance to…
1Opinion of the CourtShelby, Circuit Judge
(after stating the facts as above). The policy issued by the complainant, and each policy issued by the three insurance companies which are made defendants, contain this clause:
“This company shall not be liable under this policy for a greater proportion of any loss on the described property or for loss by and expense of removal from premises endangered by fire than the amount hereby insured shall bear to the whole insurance, whether valid or not, or by solvent or insolvent insurers, covering such property.”
It is alleged in the bill “that by virtue of said contracts of insurance each insurer…
2Cases cited12 opinions
- Equitable Life Assurance Society of the United States v. BrownSupreme Court of the United States · 1909
- Hanover Fire Insurance v. Alexander Brown & SonsCourt of Appeals of Maryland · 1893
- Turner v. City of MobileSupreme Court of Alabama · 1902
- Mechanics' Ins. Co. of Philadelphia v. C. A. Hoover Distilling Co.Court of Appeals for the Eighth Circuit · 1909
- Virginia-Carolina Chemical Co. v. Home Ins. Co. of New YorkCourt of Appeals for the Fourth Circuit · 1902
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Carey v. McMillanCourt of Appeals for the Eighth Circuit · 1923
- Parkway, Inc. v. United States Fire InsuranceMassachusetts Supreme Judicial Court · 1943
- Mallory S. S. Co. v. ThalheimCourt of Appeals for the Second Circuit · 1921
- Southern Surety Co. v. Commercial Casualty Ins. Co.Court of Appeals for the Third Circuit · 1929
- American Central Ins. v. Harmon Knitting Mills, Inc.Court of Appeals for the Seventh Circuit · 1930
6 more not listed; retrieve them via the Exa API.