Watrous v. Mississippi Valley Ins.
Supreme Court of Iowa
Appeal from Winnesheik District Court. Action upon a policy of insurance. The petition averred the issuance of the policy, the loss, proof and notice of it, and the failure of defendant to pay.
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Appeal from Winnesheik District Court. Action upon a policy of insurance. The petition averred the issuance of the policy, the loss, proof and notice of it, and the failure of defendant to pay. The answer admits the making of the policy; and avers that the plaintiff never paid any premium, but gave his note for it, which is and was at the time of the alleged loss, long past due and unpaid, and by the terms of the policy as set out by plaintiff, the defendant is not liable for the loss. Upon a trial to a jury the plaintiff introduced in evidence the policy which stated that defendant “ in…
1Opinion of the CourtCole, J.
One of the conditions of the policy is, that the defendant. shall not be liable for any loss occurring when the note given for the premium is due and unpaid. This is a valid and binding contract. Keenan v. The Missouri State Mutual Ins. Co., 12 Iowa, 126 (i. e., 134); Williams v. The Albany Ins Co., 10 Mich. 451; S. C., 2 Am. Rep. 95. This loss occurred when the premium note was due and unpaid. The plaintiff seeks to avoid the force and effect of this condition by efforts to show that the note in this case was taken inpayment for “ cash premium,” and that further credit was stipulated for by…
2Cases cited2 opinions
- Keenan v. Missouri State Mutual InsuranceSupreme Court of Iowa · 1861
- Garratt v. LitchfieldMichigan Supreme Court · 1862
3Cited by6 opinions
- Dale v. Continental InsuranceTennessee Supreme Court · 1895
- Blackerby v. Continental Ins.Court of Appeals of Kentucky · 1886
- Garlick v. Mississippi Valley Ins.Supreme Court of Iowa · 1876
- Nedrow v. Farmers' Ins.Supreme Court of Iowa · 1876
- Harle, Haas & Co. v. Council Bluffs Ins.Supreme Court of Iowa · 1887
1 more not listed; retrieve them via the Exa API.