Carlton Lumber Co. v. Lumber Ins.
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. Department 1. Statement by Mr. Justice McBride. This is a suit by the Carlton Lumber Company, a corporation, against the Lumber Insurance Company, a corporation, to reform two insurance policies issued by the defendant, covering new equipment added by plaintiff to the sawmill plant at Carlton, Oregon; each policy being for the sum of $5,000. The plaintiff was the lessee of the Carlton Consolidated Lumber Company, and by the terms of…
Read the full summary
From Multnomah: William N. Gatens, Judge. Department 1. Statement by Mr. Justice McBride. This is a suit by the Carlton Lumber Company, a corporation, against the Lumber Insurance Company, a corporation, to reform two insurance policies issued by the defendant, covering new equipment added by plaintiff to the sawmill plant at Carlton, Oregon; each policy being for the sum of $5,000. The plaintiff was the lessee of the Carlton Consolidated Lumber Company, and by the terms of its lease was required to and did carry $200,000 insurance for the benefit of its lessor. The two policies involved in…
1Opinion of the CourtJustice McBride
The whole controversy turns upon the agreement as to the elimination of the average clause. It is important here for this reason: Plaintiff was partly insured in other companies not having this average clause, but containing a stipulation that in case he should take out other insurance by policies containing an average clause the first insurers should be entitled to share the benefits of such averages. Without going into the details of the various negotiations in regard to the policy issued as of July 30, 1914, and covered by the letter dated July 30,1914, heretofore quoted, we are of the…
2Cases cited2 opinions
- Scottish Union & National Ins. v. Moore Mill & Gin Co.Supreme Court of Oklahoma · 1914
- Schmaelzle v. London & Lancashire Fire InsuranceSupreme Court of Connecticut · 1903
3Cited by9 opinions
- Equitable Building & Loan Ass'n v. BradySupreme Court of Georgia · 1930
- Hoiness-LaBar Insurance v. Julien Construction Co.Wyoming Supreme Court · 1987
- Commercial Casualty Ins. Co. v. ConnelleeSupreme Court of Oklahoma · 1932
- Overland Southern Motor Co. v. Maryland Casualty Co.Supreme Court of Georgia · 1917
- City of Seaside v. Oregon Surety & Casualty Co.Oregon Supreme Court · 1918
4 more not listed; retrieve them via the Exa API.