Miller v. Western Farmers' Mutual Insurance
Ohio Superior Court, Cincinnati
This was an action of assumpsit on a policy of insurance brought before the Code of civil procedure took effect, and transferred into this court from the Court of Common Pleas. The declaration is in the usual form, and sets out, substantially, the terms and conditions con-tamed in the policy.
Read the full summary
This was an action of assumpsit on a policy of insurance brought before the Code of civil procedure took effect, and transferred into this court from the Court of Common Pleas. The declaration is in the usual form, and sets out, substantially, the terms and conditions con-tamed in the policy. The policy was intended to insure the plaintiff “ against loss or damage by fire, to the amount of $2000, on the following property, as described in Application and Survey No. 813, viz.: On his brick tavern house, situated on the corner of Lawrence and Front Streets, Cincinnati, Ohio.” Among the other…
1Opinion of the CourtGholson, J.
The increase of risk arising from a change of use in the building adjoining the premises insured, is not provided for in the contract between the parties; nor is it alleged that there was any representation or concealment on the part of the plaintiff in reference to the ownership, position, or use of such adjoining building. The validity of the plea is rested, by the counsel for the defendants, on what is claimed to be a general principle of the law of insurance, that where there is any material increase of the risk by any act of the insured, and a loss which can be shown to be a consequence…
2Cases cited4 opinions
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
- Stetson v. Massachusetts Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1808
- Billings v. Tolland County Mutual Fire Insurance Co.Supreme Court of Connecticut · 1849
- Mann v. FairchildNew York Supreme Court · 1853
3Cited by1 opinion
- Kenney v. Occidental Ins. Co.Ohio Court of Appeals · 1940