Frasier v. New Zealand Insurance
Oregon Supreme Court
From Lane : James W. Hamilton, Judge. This is an action by E. J. Frasier against the New Zealand Insurance Company on a policy of insurance against loss by fire.
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From Lane : James W. Hamilton, Judge. This is an action by E. J. Frasier against the New Zealand Insurance Company on a policy of insurance against loss by fire. The plaintiff alleges, in substance, that on December 22,1897, the defendant, a corporation, insured his household goods, while in a frame dwelling in Eugene, Oregon, and other personal property, against loss or damage by fire for the term of one year, the policy issued to him — being made a part of the complaint— stipulating that “this entire policy, unless otherwise provided by agreement indorsed hereon or added thereto, shall be…
1Opinion of the CourtJustice Moore
The court instructed the jury, in effect, that if they found that the defendant, after the fire, received the premium, with knowledge that the dwelling containing the insured goods had become vacant and remained unoccupied more than ten days continuously prior to the loss, it thereby waived the condition of the policy, and plaintiff was entitled to recover the amount of his loss ; but if they should find that the defendant received the premium in ignorance of the vacancy of the building, and offered to return it as soon thereafter as it discovered that the condition of the policy in that…
2Cases cited13 opinions
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- Insurance Co. v. EgglestonSupreme Court of the United States · 1878
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Hartford Life Annuity Insurance v. UnsellSupreme Court of the United States · 1892
- Hollis v. State InsuranceSupreme Court of Iowa · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Staats v. Pioneer InsuranceWashington Supreme Court · 1909
- American Central Life Insurance v. RosensteinIndiana Court of Appeals · 1910
- Stringham v. DillonOregon Supreme Court · 1902
- Commercial Securities, Inc. v. HallOregon Supreme Court · 1932
- New Zealand Ins. v. SmithOregon Supreme Court · 1902