cancellation clause (Texas) · Go Syfert
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cancellation clause in Texas

7 Texas opinions name it 2 courts 1913–2012 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Citizens State Bank of Dickinson, Tex. v. American Fire & Casualty Cogreen
ca5 · 1952 · cited in 2 Texas opinions naming this issue, 1967–2012
2 sentences

2012Thus, in Citizens State Bank v. American Fire & Casualty Co., 198 F.2d 57, 59 (5th Cir.1952), the court concluded that the statute had no application to a noncancellation provision because the cancellation clause was a material provision in the policy “violation of which could not, from its very nature, contribute to bring about the destruction of the property.” Id.

2012Thus, in Citizens State Bank v. American Fire & Casualty Co., 198 F.2d 57, 59 (5th Cir.1952), the court concluded that the statute had no application to a noncancellation provision because the cancellation clause was a material provision in the policy “violation of which could not, from its very nature, contribute to bring about the destruction of the property.” Id.

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Glendon Investments, Inc. v. Brooks green
texapp · 1988
2 sentences

2001Glendon Inv., Inc. v. Brooks, 748 S.W.2d 465 (Tex.App.—Houston [1st Dist.] 1988, writ ref'd n.r.e.); North Am.

2001Glendon Inv., Inc. v. Brooks , 748 S.W.2d 465 (Tex.App. -Houston [1st Dist.] 1988, writ ref'd n.r.e.); North Am.

22001–2001
Argonaut Southwest Insurance Co. v. Amco Mesh & Wire Co. green
texapp · 1971
1 sentence

2001Id.

12001–2001
Austin Fire Ins. Co. v. Polemanakos green
texcommnapp · 1919
2 sentences

1958App., 207 S.W. 922 relied upon by respondents it appeared that Polemanakos, after receiving notice that his policy with Austin Fire Insurance Company had been cancelled, actually “obtained other insurance before the fire to take its place.” The cancellation clause in the policy involved in the Polemanagos case had no provision for a written notice of cancellation, the contract simply providing that “This policy shall be cancelled at any time at the request of the insured, or by the company by giving notice of cancellation.” It was undisputed that notice had been given and the primary holding o

1958Co. v. Polemanakos, Tex. Com.App., 207 S.W. 922 , 926 relied upon by respondents it appeared that Polemanakos, after receiving notice that his policy with Austin Fire Insurance Company had been cancelled, actually "obtained other insurance before the fire to take its place." The cancellation clause in the policy involved in the Polemanakos case had no provision for a written notice of cancellation, the contract simply providing that "This policy shall be cancelled at any time at the request of the insured, or by the company by giving notice of cancellation." It was undisputed that notice had b

11958–1958
Gosch v. Firemen's Insurance green
pasuperct · 1907
1 sentence

1913Co., 33 Pa. Super.

11913–1913
Hartford Fire Insurance v. Cameron green
texapp · 1898
2 sentences

1913App. 237 , 45 S. W. 158 ): “We think that the cancellation clause, taken as a whole, means that when the company elects to cancel the policy it must, upon giving of notice of such intention, at the same time return or tender to the insured or his agent the unearned portion of the premium.

1913Co. v. Cameron, 18 Tex. Civ.

11913–1913

Where else courts name it

TN 38 (2000–2026) NY 21 (1898–2021) IL 16 (1908–2010) CA 14 (1933–2022) TX 7 (1913–2012) LA 6 (1936–2010) PA 5 (1950–2005) MI 5 (1933–2018) DC 5 (1965–1997) AR 5 (1934–1994) AL 5 (1921–1983) MD 5 (1911–2009) MO 4 (1987–2015) OK 3 (1909–1938) SC 3 (1961–1983) FL 3 (1986–2002) CT 3 (1997–2003) VA 3 (1932–1958) WI 3 (2002–2016) OH 2 (1953–1994) NM 2 (1943–1991) WV 2 (1993–2015) MS 2 (1889–1970) ND 2 (2011–2011) IN 2 (2020–2020) GA 2 (1941–1958) IA 2 (1958–1965) DE 2 (1958–2023) NJ 2 (1907–2005)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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