Legal Opinion

Avis v. Hartford Fire Insurance Company

Supreme Court of North Carolina

Decided April 11, 1973No. 27PublishedCited by 41 opinions

1Opinion of the Court

BRANCH, Justice.

Plaintiffs contend the Court of Appeals erred in holding that their loss was not within the coverage afforded by the “all risks” policy issued to plaintiffs by defendant.

The Court of Appeals concluded that coverage did not extend because the loss was not the result of a fortuitous event, but was “the product of inherent qualities of the property insured.”

Recovery will be allowed under a policy affording “all risks” coverage for all losses of a fortuitous nature not resulting from misconduct or fraud, unless the policy contains a specific provision expressly excluding loss from…

2Cases cited27 opinions

  1. Miller v. Boston Insurance Co.Supreme Court of Pennsylvania · 1966
  2. Sun Insurance Office, Limited v. ClaySupreme Court of Florida · 1961
  3. Western Fire Insurance v. First Presbyterian ChurchSupreme Court of Colorado · 1968
  4. Mellon v. Federal Ins. Co.District Court, S.D. New York · 1926
  5. Sager Glove Corporation v. Aetna Insurance CompanyCourt of Appeals for the Seventh Circuit · 1963

22 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. State Capital Insurance v. Nationwide Mutual InsuranceSupreme Court of North Carolina · 1986
  2. Kraemer Bros. v. United States Fire InsuranceWisconsin Supreme Court · 1979
  3. Builders Mutual Insurance v. North Main Construction, Ltd.Supreme Court of North Carolina · 2006
  4. Standard Structural Steel Co. v. Bethlehem Steel Corp.District Court, D. Connecticut · 1984
  5. Ronald Goodman v. Fireman's Fund Insurance CompanyCourt of Appeals for the Fourth Circuit · 1979

36 more not listed; retrieve them via the Exa API.

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