Robinson v. Aetna Fire Ins. Co.

Decision Date28 February 1903
Citation135 Ala. 650,34 So. 18
CourtAlabama Supreme Court

Appeal from City Court of Montgomery; A. D. Sayre, Judge.

Action by Thomas Robinson against the Ætna Fire Insurance Company. From a judgment in favor of defendant, plaintiff appeals. Affirmed.

The iron-safe clause referred to in the opinion, by reason of a violation of which defendant claimed that the policy had been forfeited, was in words and figures following: "Warranty to keep books and inventories and to produce them in case of loss. The following covenant and warranty is hereby made a part of this policy: 1st. The assured will take a complete itemized inventory of stock on hand at least once in each calendar year, and unless such inventory has been taken within twelve calendar months prior to the date of this policy, one shall be taken in detail within 30 days of issuance of this policy, or this policy shall be null and void from such date, and upon demand of the assured the unearned premium from such date shall be returned. 2nd. The assured will keep a set of books, which shall clearly and plainly present a complete record of business transacted including all purchases, sales and shipments, both for cash and credit, and from date of inventory as provided for in the first section of this clause, and during the continuance of this policy. 3rd. The assured will keep such books and inventory, and also the last preceding inventory, if such has been taken, securely locked in a fire proof safe at night and at all times when the building mentioned in this policy is not actually open for business, or, failing this, the assured will keep such books and inventories in some place not exposed to a fire which would destroy the aforesaid building. In the event of failure to produce such set of books and inventories for the inspection of this company this policy shall become null and void, and such failure shall constitute a perpetual bar to any recovery thereon." It was claimed for plaintiff that this iron-safe clause had been waived by Warren & Stuart defendant's agents who issued the policy, by reason of a conversation between plaintiff and Warren, the day after the fire, in which plaintiff stated to Warren that he had saved his books, but his inventories had been destroyed by the fire, and Warren replied that that was bad, but he supposed it would be all right if he could show from his books what his stock of goods was worth, which the plaintiff said he could do. The fire occurred October 22, 1898. On October 28 1898, defendant's adjuster, one Ellis, came to investigate the loss, etc., and he (for defendant) and the plaintiff entered into an agreement, styled a "nonwaiver agreement," which provided that any action taken by the company in investigating the cause of fire and investigating and ascertaining the amount of loss and damage to the property of the plaintiff caused by said fire should not waive or invalidate any of the conditions of the policy. The deposition of the plaintiff was also taken by said Ellis on or about October 28th, in which plaintiff stated that the inventories were destroyed by fire, and that his books were correct, and the value of his stock was $1,950. There was testimony tending to show that after the signing of the nonwaiver agreement the adjuster examined the books with the plaintiff for some time, and gave them to the plaintiff to post up part of the cashbooks which had not been posted; that the plaintiff took the books home, and posted them, and, on bringing them back, the adjuster called his attention to the iron-safe clause, and...

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13 cases
  • Pennsylvania Fire Ins. Co. v. Malone
    • United States
    • Alabama Supreme Court
    • 12 Enero 1928
    ... ... The insurer had the right to rely upon the ... warranties and covenants, in said respects, contained in the ... policy. Robinson v. AEtna Ins. Co., 135 Ala. 650, ... 659, 34 So. 18 ... The use ... of the word "building" for "premises" in ... the plea (premises in ... ...
  • Peterson v. Universal Automomobile Ins. Company
    • United States
    • Idaho Supreme Court
    • 5 Abril 1933
    ... ... title or interest. (26 C. J. 231, 232, sec. 282; Pomeroy ... v. Aetna Ins. Co., 86 Kan. 214, 120 P. 344, Ann. Cas ... 1913C, 170, 38 L. R. A., N. S., 142; Pioneer ... v. Providence, etc., 17 Wash. 175, 49 P. 231, 38 L ... R. A. 397; Fuller v. United States Fire & Marine Ins. Co., ... 117 Kan. 282, 231 P. 53.) ... Whether ... or not title to ... Phoenix Ins. Co. v. Stevenson, 78 Ky. 150; ... Robinson v. Aetna Fire Ins. Co., 135 Ala. 650, 34 ... So. 18; Houdeck v. Merchants' & Bankers' Ins ... ...
  • Johnson v. Mercantile Town Mutual Fire Insurance Company
    • United States
    • Missouri Court of Appeals
    • 9 Julio 1906
    ... ... required by the policy. 13 Am. and Eng. Ency. of Law (2 Ed.), ... p. 355. Ins. Co. v. Wilkinson, 13 S.W. 1103; ... Kelly Goodfellow Shoe Co. v. Ins. Co., 28 S.W. 1027; ... ...
  • Roberts & Son v. Williams
    • United States
    • Alabama Supreme Court
    • 30 Noviembre 1916
    ... ... 97; Gibson v ... Snow, 94 Ala. 346, 10 So. 304; Robinson v ... Greene, 148 Ala. 434, 43 So. 797; Miller v ... Stewart, 166 Ala ... Sahline, 55 Ark. 627, 17 S.W. 705; ... O'Leary v. German-Amer. Ins. Co., 100 Iowa, 390, ... 69 N.W. 686; Cowles v. Burns, 28 Kan. 32; Reeves ... Dunn, 136 Ala. 327, 34 So ... 25; Robinson v. AEtna Fire Ins. Co., 135 Ala. 650, ... 34 So. 18); but, notwithstanding this ... ...
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