Robinson v. Fire Ass'n
Michigan Supreme Court
Error to Barry. (Hooker, J.) Assumpsit. Plaintiffs bring error. The facts are stated in the opinion. Forfeitures on technical grounds are not favored. The conditions in an insurance policy are for the benefit of the company, and may be waived by parol, though the policy provides for a written waiver: Ins. Co. v. Norton, 96 U. S. 234; Ins.
Read the full summary
Error to Barry. (Hooker, J.) Assumpsit. Plaintiffs bring error. The facts are stated in the opinion. Forfeitures on technical grounds are not favored. The conditions in an insurance policy are for the benefit of the company, and may be waived by parol, though the policy provides for a written waiver: Ins. Co. v. Norton, 96 U. S. 234; Ins. Co. v. Doster, 106 Id. 30. A breach of such conditions does not render the policy void, but voidable, and upon notice of such breach the insurer must cancel the policy or be deemed to have waived the breach: Osterloth v. Fire Ins. Co., 60 Wis. 126; Viall v.…
1Opinion of the CourtSherwood, J.
This is an action on a policy of insurance issued by the defendant to Rachel A. Kanaga, and assigned after loss to the plaintiffs.
The declaration counted on the policy, and alleged an assignment of the same to the plaintiffs after loss.
The plea was the general issue, with the following notice given thereunder:
“You will please take notice that on the trial of said cause the above-named defendant will give in evidence, and insist in its defense, that, at the time of the alleged destruction and damage of the property claimed in plaintiffs’ declaration to have been destroyed and damaged by fire,…
2Cases cited7 opinions
- Pitney v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- Illinois Masons' Benevolent Society v. BaldwinIllinois Supreme Court · 1877
- Western Massachusetts Insurance v. RikerMichigan Supreme Court · 1862
- Mussey v. . the Atlas Mutual Insurance CompanyNew York Court of Appeals · 1856
- Illinois Mutual Fire Insurance v. FixIllinois Supreme Court · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Kamm & Schellinger Brewing Co. v. St. Joseph County Village Fire InsuranceMichigan Supreme Court · 1912
- Johnson v. American InsuranceSupreme Court of Minnesota · 1889
- Cronin v. Fire Ass'n of PhiladelphiaMichigan Supreme Court · 1900
- Investors' Mortgage Co. v. Marine & Motor Ins. Co. of AmericaSupreme Court of Louisiana · 1923
- Goldin v. Northern Assurance Co.Supreme Court of Minnesota · 1891