Blumberg Shoe Co. v. Phoenix Assur. Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; H. A. Sharpe, Judge. Action by the Blumberg Shoe Company against the Phoenix Assurance Co., Limited, of London,- on a fire insurance policy. Judgjnent for defendant, and plaintiff appeals. The action was to recover $2,000 on a fire insurance policy issued May 21, 1917, for loss by fire on a stock of goods.
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Appeal from Circuit Court, Jefferson County ; H. A. Sharpe, Judge. Action by the Blumberg Shoe Company against the Phoenix Assurance Co., Limited, of London,- on a fire insurance policy. Judgjnent for defendant, and plaintiff appeals. The action was to recover $2,000 on a fire insurance policy issued May 21, 1917, for loss by fire on a stock of goods. The complaint was originally in Code form, but was amended by adding thereto allegations that on April 3, 1917, or subsequent thereto, the defendant conrpany was a member of or connected with a tariff association for the regulation of fire…
1Opinion of the CourtSomerville, J.
The single question presented by this appeal is whether plaintiff’s action on the insurance policy is or is not prematurely brought.
Section 4594 of the Code of 1907 (codifying an act approved February 18, 1897 [Acts 1896-97, p. 1428]) reads as follows:
“4594 (2619). Contract of insmomce made by company belonging to tariff association construed to add twenty-five per cent, to face of policy.—Every contract or policy of insurance made or issued since the eighteenth day of Feb ruary, 1897, shall be construed to mean that, in the event of loss or damage thereunder, the assured 6r beneficiary…
2Cases cited3 opinions
- Harrington v. State Ex Rel. Van HayesSupreme Court of Alabama · 1917
- Continental Insurance v. ParkesSupreme Court of Alabama · 1904
- Smith v. StilesSupreme Court of Alabama · 1916
3Cited by13 opinions
- Equitable Life Assur. Soc. v. DorrietySupreme Court of Alabama · 1934
- Chism v. Jefferson CountySupreme Court of Alabama · 2006
- Liverpool London Globe Ins. Co v. McCreeSupreme Court of Alabama · 1924
- United States ex rel. Harris v. DanielsCourt of Appeals for the Second Circuit · 1922
- Leath v. WilsonSupreme Court of Alabama · 1939
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