Fireman's Fund Insurance v. Hellner
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre-. Action by Nathan Hellner against the Firemen’s Fund Insurance Company. From a judgment for plaintiff, defendant appeals.
Read the full summary
Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre-. Action by Nathan Hellner against the Firemen’s Fund Insurance Company. From a judgment for plaintiff, defendant appeals. The complaint was in Code form as to counts 1, 2, and 3. Counts 4, 5, and 6, were also in Code form, with the additional allegation that the plaintiff claims of the defendant the further and additional sum of $900, for that the defendant, at the time of the mailing of the contract of insurance hereinbefore mentioned, or subsequently thereto, belonged to, or was a member of, of in some way connected with, a…
1Opinion of the CourtAnderson, J.
The appellant had the right, under the terms of the policy, to cancel -same upon five days’ notice to the insured. Whether or not a return of the premium for the unexpired period, or the notes for same, ivas a condition precedent to the exercise of this right, we need not decide, as the trial court seems to have ruled favorably to the appellant upon this point. Under either theory of the evidence, the company did no more than notify its agent, Brooks, to cancel said policies, As to whether Brooks complied with the instructions, and actually canceled same, was a question for the jury. The…
2Cases cited8 opinions
- Ætna Insurance v. MaguireIllinois Supreme Court · 1869
- John R. Davis Lumber Co. v. Hartford Fire InsuranceWisconsin Supreme Court · 1897
- Tisdell v. . New Hampshire Fire Ins. Co.New York Court of Appeals · 1898
- Van Valkenburgh v. . Lenox Fire Ins. Co.New York Court of Appeals · 1873
- Continental Insurance v. ParkesSupreme Court of Alabama · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- German Alliance Insurance v. HaleSupreme Court of the United States · 1911
- Ex parte PepperSupreme Court of Alabama · 1913
- American Central Insurance v. PepperAlabama Court of Appeals · 1912