Morrison v. Insurance Co. of North America
Texas Supreme Court
Error from Ellis. Tried below before J. W. Ferris, Special Judge. • Plaintiffs in error sued the insurance company of Forth America, on a fire policy for the sum of fifteen hundred dolíais.
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Error from Ellis. Tried below before J. W. Ferris, Special Judge. • Plaintiffs in error sued the insurance company of Forth America, on a fire policy for the sum of fifteen hundred dolíais. To the original petition, declaring on the policy, defendant answered: Setting up (1) a condition of the policy requiring other insurance, if any, be made known and consented to on the policy; (3) limitations and restrictions in the policy upon the authority of its agents; forbidding them to waive any written or printed condition of the policy, unless clearly expressed,in the body thereof; (3) over…
1Opinion of the Court
Stayton, Associate Justice.
Every policy holder, in the absence of fraud, misrepresentation or concealment, must be held to have knowledge of the contents of the policy when he has. *359opportunity to examine it before he accepts it. To the pleading in which the appellants sought to excuse themselves from obligation to comply with the terms of the policy, on the ground that they were, ignorant of its contents, not alleging fraud, misrepresentation or concealment, exceptions were properly sustained. The printed terms and conditions embodied in the policy were in very fine print, but from the fac…
2Cases cited5 opinions
- Westchester Fire Insurance v. EarleMichigan Supreme Court · 1876
- New Orleans Insurance v. GriffinTexas Supreme Court · 1886
- Crescent Insurance v. Griffin & ShookTexas Supreme Court · 1883
- Planters' Mutual Insurance v. S. Lyons, Lindenthal & Co.Texas Supreme Court · 1873
- Benninghoff v. . Agricultural Ins. Co.New York Court of Appeals · 1883
3Cited by131 opinions
- Indemnity Insurance v. W. L. Macatee & SonsTexas Supreme Court · 1937
- Indemnity Ins. Co. of North America v. W. L. Macatee & SonsTexas Commission of Appeals · 1937
- Wagner & Chabot v. Westchester Fire InsuranceTexas Supreme Court · 1899
- Lone Star Steel Co. v. ScottCourt of Appeals of Texas · 1988
- East Texas Fire Insurance v. KempnerTexas Supreme Court · 1894
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