No. 23110 Precedential Judgment set aside, with directions. Processed

Mixon v. St. Paul Fire & Marine Ins.

Louisiana Supreme Court · Filed May 3, 1920 · 84 So. 790

Cited by

Master Craft Construction, LLC v. Pronoun, Inc. La. Ct. App. 3d Cir. 2017
Master Craft Constr., LLC v. Pronoun, Inc. 258 So. 3d 802 La. Ct. App. 1st Cir. 2017
Age v. DLJ Mortgage Capital, Inc. 147 So. 3d 1186 La. Ct. App. 1st Cir. 2014
Richardson v. Richardson 974 So. 2d 761 La. Ct. App. 4th Cir. 2007
Aikman v. Thomas 887 So. 2d 86 La. Ct. App. 1st Cir. 2004
Samuel Chesne v. Elevated Tank Applicators, Inc. La. Ct. App. 3d Cir. 2004
Chesne v. Elevated Tank Applicators, Inc. 874 So. 2d 333 La. Ct. App. 3d Cir. 2004
Corbello v. Iowa Production 850 So. 2d 686 La. 2003
Corbello v. Iowa Production 806 So. 2d 32 La. Ct. App. 3d Cir. 2001
State in Interest of AC 643 So. 2d 719 La. 1994
Bizet v. General Accident & Indemnity Co. 457 So. 2d 150 La. Ct. App. 2d Cir. 1984
Sears, Roebuck & Co. v. SHAMROCK CONST. CO., INC. 441 So. 2d 379 La. Ct. App. 5th Cir. 1983

Opinion text

PROVOSTT, J. On the 2d of Septémber, 1916, plaintiff purchased a lot in the town of Kentwood on which stood what remained of a hotel building, the roof and a considerable other part of which had been destroyed by fire in the month of August of the preceding year, and which had since then lain open to the elements. The price was $1,500. He at once entered into a contract with a carpenter and builder to restore the building to its original condition at a cost not to exceed $4,000, including both materials and labor, the former of which he himself was to furnish. This contractor at once applied to the local agent of the defendant company for insurance, and the latter communicated with the New Orleans office to know what were the rates on “builders’ risks,” and received an answer expressing a willingness on the part of the defendant company to write a “builders’ risks” policy, but not a “regular policy” on the building until it should first have been completed and inspected. The agent then, on September 6,1916, issued a so-called', “binder” to serve as a regular policy “pending the issuance of a Louisiana standard fire policy prescribed by the law of Louisiana,” with a “rider” affixed to it, and forming part of it, headed “builders’ risks.” The “binder”