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Chute v. North River Insurance Company

Supreme Court of Minnesota
172 Minn.13 (1927)


Facts

Bessie Chute (plaintiff) had an all-risk insurance policy with North River Insurance Company (North) (defendant) that covered against loss or damage to jewelry and furs “during transportation or otherwise.” The policy explicitly excluded claims for internal damage to watches and damage to furs arising from wear and tear or gradual deterioration. Chute had a fire opal valued at $2,000. While the policy was in force, the opal developed a crack. There was no crack in the opal when the policy initially became effective. The crack was due to a defect in the opal and was not caused by outside force. The trial court sustained the general demurer that was brought in the action. Chute appealed.

Rule of Law

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Issue

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Holding and Reasoning (Stone, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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