Legal Opinion
Royal Ins. Co. v. Story
Alabama Court of Appeals
Decided March 8, 1949No. 7 Div. 960PublishedCited by 13 opinions
1Opinion of the Court
CARR, Judge.
The complaint in this cause consists of one count which is predicated on. a policy of insurance covering loss by fire of an automobile.
The defendant first interposed a pleq in abatement which alleges in effect that the insured did not file a sworn statement of the loss as required by the provisions of the policy.
In reply to this plea the insured filed a number of replications. Some of the replications approach the reply on the theory of waiver and others estoppel. In effect, it is here contended that the waiver or estoppel arose by virtue of the conduct of agents of the insurer,…
2Cases cited27 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Insurance Companies v. WeidesSupreme Court of the United States · 1872
- Kelley v. StateAlabama Court of Appeals · 1946
- Southern States Fire Ins. v. KronenbergSupreme Court of Alabama · 1917
- Moore-Handley Hardware Co. v. WilliamsSupreme Court of Alabama · 1939
22 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Willingham v. StateSupreme Court of Alabama · 1954
- Lomartira v. American Automobile Insurance CompanyDistrict Court, D. Connecticut · 1965
- Prosch v. ProschCourt of Civil Appeals of Alabama · 1971
- Rego v. Connecticut Insurance Placement FacilitySupreme Court of Connecticut · 1991
- American Paint Service, Inc. v. The Home Insurance Company Of New YorkCourt of Appeals for the Third Circuit · 1957
8 more not listed; retrieve them via the Exa API.