Va. Fire & Marine Insurance v. Aiken
Supreme Court of Virginia
Error to judgment of circuit court of Frederick county, rendered at its November term, 1885, in tbe action of Jesse B. Aiken, plaintiff, against the Virginia Fire and Marine Insurance Company, defendant. This was an action of assumpsit against the Virginia Fire and Marine Insurance Company on a policy of fire insurance for the sum of twenty-five hundred dollars. The defendant in error was the plaintiff below.
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Error to judgment of circuit court of Frederick county, rendered at its November term, 1885, in tbe action of Jesse B. Aiken, plaintiff, against the Virginia Fire and Marine Insurance Company, defendant. This was an action of assumpsit against the Virginia Fire and Marine Insurance Company on a policy of fire insurance for the sum of twenty-five hundred dollars. The defendant in error was the plaintiff below. The alleged loss occurred on the 18th of August, 1884. The action was commenced on the 16th of March, 1885, or six months and twenty-six days thereafter. The policy of insurance upon…
1Opinion of the Court
Lewis, P.
(after stating the case), delivered the opinion of the court.
The question as to the validity of a condition in a policy of insurance that suit upon the policy shall not be brought, unless commenced within a stipulated time, less than the period *431prescribed by the statute of limitations, is well settled. Such a condition was sustained by the Supreme Court of the United States in Riddlesbarger v. Hartford Ins. Co., 7 Wall. 386, and to the same effect are numerous decisions of State courts of last resort. Wood on Fire Insurance, sec. 434, and cases cited.
The real, and indeed, the single,…
2Cases cited1 opinion
- Riddlesbarger v. Hartford InsuranceSupreme Court of the United States · 1869
3Cited by9 opinions
- Virginia Fire & Marine Ins. v. WellsSupreme Court of Virginia · 1887
- Shedd v. American Credit Indemnity Co.Indiana Court of Appeals · 1911
- City of Elkins v. Elkins Electric Railway Co.West Virginia Supreme Court · 1920
- Bollinger v. National Fire InsuranceCalifornia Supreme Court · 1944
- Bollinger v. National Fire InsuranceCalifornia Supreme Court · 1944
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