Phenix Insurance v. Hilliard
Citations
- 59 Fla. 590
Syllabus
<p>1. Where by inadvertence or otherwise a policy of fire insurance is issued, contrary to the intention of the parties thereto, a court of equity may in a proper case reform the policy so as to make it express the real agreement and intention of the parties, and as so reformed to enforce the policy in order to do complete justice in the controversy.</p> <p>2. The right to the reformation of an instrument is not absolute, but depends on an equitable showing.</p> <p>3. The interest of a purchaser of property, which he has unqualifiedly agreed to buy and which the former owner has absolutely contracted to sell to him upon definite terms, is the sole and unconditional ownership within the true meaning of the ordinary clause upon that subject in insurance policies, because the vendor may compel the vendee to pay for the property and to suffer any loss that occurs.</p> <p>4. The just and reasonable purpose of insurance .policies in requiring the insured to have the “unconditional and sole ownership” of the property insured, is to give protection to only those upon whom the loss insured against would inevitably fall but for the insurance, and to avoid taking risks for those whose lack of interest or whose contingent interest in the property insured might tend to encourage carelessness or wrong doing in the use or preservation of the property. Wager policies are not approved and should be avoided.</p> <p>5. A conditional sale of personal property by which the vendee takes possession of the property with an unconditional promise to pay for it, but the vendor retains the title till payment in full of the purchase price is made, confers upon the vendor the absolute right of the purchase price, and imposes upon the vendee the unconditional obligation to pay the purchase price, and also easts upon the vendee all the risks of loss incident to the full and complete -ownership of the property, unless otherwise specially provided by contract.</p> <p>6. To be “unconditional and sole
Judges: Cockrell, Hocker, Parkhill, Shackleford, Taylor, Whitfield
Read full opinion on CourtListenerCited by
19 cases in this archive cite this case.
- Providence Square Ass'n v. BiancardiSupreme Court of Florida· 1987-04-23· cited 54×
- Rosenthal v. First National Fire Insurance Co. of the United StatesSupreme Court of Florida· 1917-11-26· cited 24×
- Palmetto Fire Insurance v. FanslerSupreme Court of Virginia· 1925-10-01· cited 12×
- Virginia Fire & Marine Insurance v. LennonCourt of Appeals of Virginia· 1924-12-18· cited 10×
- Hanover Fire Insurance v. HiersSupreme Court of Florida· 1920-03-27· cited 8×
- Bennett v. Cosmopolitan Fire Ins.Fifth Circuit· 1931-06-30· cited 8×
- Peninsular Fire Insurance Co. v. FowlerDistrict Court of Appeal of Florida· 1964-07-01· cited 7×
- Baldwin v. ChristopherSupreme Court of Florida· 1918-04-22· cited 7×
- Southern States Fire Insurance v. VannSupreme Court of Florida· 1915-04-28· cited 5×
- Leavine v. Belt Automobile Indemnity Ass'nSupreme Court of Florida· 1925-01-05· cited 5×
- Manufacturers Bank & Trust Co. v. LauchliEighth Circuit· 1941-04-02· cited 5×
- Manhattan Fire & Marine Insurance v. SommersDistrict Court of Appeal of Florida· 1969-04-14· cited 5×
- Home Insurance Co. v. DrescherDistrict Court of Appeal of Florida· 1968-05-14· cited 4×
- Jacobson v. Neuensorger Korbwaren-Industrie Friedrich Kretz, K.-G.District Court of Appeal of Florida· 1959-03-10· cited 3×
- National Ben Franklin Fire Insurance v. HurleyCourt of Appeals of Georgia· 1934-09-20· cited 3×
- Socicero v. National Union Co. of PittsburghSupreme Court of Florida· 1925-12-11· cited 2×
- Benson v. Martin Et Ux.Supreme Court of Florida· 1932-04-19· cited 1×
- Erickson v. Insurance Co. of North AmericaSupreme Court of Florida· 1911-06-15· cited 1×
- United States v. Greenwood Products Co.N.D. Florida· 1950-01-06· cited 1×
Cites
2 cases in this archive are cited by this case.
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.