Weddington v. Insurance Co.
Supreme Court of North Carolina
ActioN by W. J. H. Weddington against Piedmont Fire Insurance Co., beard by Judge Jas. L. Webb and a jury, at tbe November Term, 1905, of tbe Superior Court of Mbok-1ENBURG-. Tbe plaintiff sued to recover tbe amount of an insurance policy for $500 issued by defendant to bim on October 21, 1903, for one year on a stock of goods.
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ActioN by W. J. H. Weddington against Piedmont Fire Insurance Co., beard by Judge Jas. L. Webb and a jury, at tbe November Term, 1905, of tbe Superior Court of Mbok-1ENBURG-. Tbe plaintiff sued to recover tbe amount of an insurance policy for $500 issued by defendant to bim on October 21, 1903, for one year on a stock of goods. Tbe policy contained, among others, tbe following provisions material to be stated: “Tbis policy, unless otherwise provided by agreement endorsed hereon or added hereto, shall be void if tbe subject of insurance be personal property and be or become encumbered by a…
1Opinion of the Court
Walker, J.,
after stating the case: The validity of the provision in a policy of insurance against the creating of encumbrances without the consent of the insurer can hardly be contested at this late day. It has now become the settled doctrine of the courts that the facts in regard to title, ownership, encumbrance and possession of the insured property are all important to be known by the insurer, as the character of the hazard is often affected by these circumstances. “When a person’s interests in a property are qualified or complicated, the motive to care for and protect it is weakened; and,…
2Cases cited17 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Gerringer v. North Carolina Home InsuranceSupreme Court of North Carolina · 1903
- Edwards v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1903
- Cuthbertson v. North Carolina Home InsuranceSupreme Court of North Carolina · 1887
- Hayes v. United States Fire InsuranceSupreme Court of North Carolina · 1903
12 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Goodwin v. Investors Life Insurance Co. of North AmericaSupreme Court of North Carolina · 1992
- Jones v. Home Security Life Insurance CompanySupreme Court of North Carolina · 1961
- Niagara Fire Insurance Co. v. MullinsCourt of Appeals of Kentucky (pre-1976) · 1927
- Cottingham v. Maryland Motor Car InsuranceSupreme Court of North Carolina · 1915
- Bell v. Nationwide InsuranceCourt of Appeals of North Carolina · 2001
4 more not listed; retrieve them via the Exa API.