Carroll v. Hartford Fire Insurance
Idaho Supreme Court
'APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. E. N. Dunn, Judge. Action to recover on a fire insurance policy. Judgment for the plaintiffs. Since the poliey of insurance is a written contract, the parties having made and reduced their agreement to writing, to follow the rule permitting parol evidence to show waiver of terms would be no more or less than to permit parol evidence to vary the terms of a written instrument.
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'APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. E. N. Dunn, Judge. Action to recover on a fire insurance policy. Judgment for the plaintiffs. Since the poliey of insurance is a written contract, the parties having made and reduced their agreement to writing, to follow the rule permitting parol evidence to show waiver of terms would be no more or less than to permit parol evidence to vary the terms of a written instrument. (Northern Assur. Co. v. Grandview Building Assn., 183 U. S, 308, 22 Sup. Ct. 133, 46 L. ed. 213.) By sec. 13, ch. 185, Sess. Laws…
1Opinion of the CourtSullivan, C. J.
This action was brought to recover upon a $2,500 fire insurance policy which was given to the plaintiffs to insure them against the direct loss or damage by fire of 250,000 feet of lumber situated in Kootenai county.
The answer denied the material allegations of the complaint and set up certain affirmative defenses. Upon the issues made the case was tried by the court with a jury and resulted in a verdict and judgment in favor of the plaintiffs for $2,500; with interest thereon. A motion for a new trial was denied, and this appeal is from the order denying the new trial.
Numerous errors are…
2Cases cited8 opinions
- Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
- Robbins v. Springfield Fire & Marine InsuranceNew York Court of Appeals · 1896
- Andrews v. Essex Fire & Marine Ins.U.S. Circuit Court for the District of Massachusetts · 1822
- State ex rel. Martin v. HowardNebraska Supreme Court · 1914
- Allen v. Phoenix Assurance Co.Idaho Supreme Court · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Bethlahmy v. BechtelIdaho Supreme Court · 1966
- Cole v. KunzlerIdaho Court of Appeals · 1989
- Stone v. BradshawIdaho Supreme Court · 1942
- Schlieff v. BistlineIdaho Supreme Court · 1932
- Addy v. StewartIdaho Supreme Court · 1949
18 more not listed; retrieve them via the Exa API.