Fitchpatrick v. Hawkeye Insurance
Supreme Court of Iowa
Appeal from Story District - Gourt. ■ Action upon a policy of insurance. The canse was tried by the court without a jury, and judgment was rendered for plaintiff; defendant appeals. The facts of the case appear in the opinion.
1Opinion of the CourtBeck, J.
I. No questions-are raised, in regard to the issuing of the policy, and the destruction by fire of the house insured. The policy contained a condition to the effect that the company should not be liable for any loss during the time the building should he vacant or unoccupied. The answer sets up a breach of this condition, allegiug that the building *336was vacant and unoccupied when it was destroyed. The plaintiff in reply avers that defendant waived the forfeiture of the policy by reason of the house being vacant, by requiring proof of the loss after having knowledge of the fact that the…
2Cases cited4 opinions
- Webster v. Phœnix InsuranceWisconsin Supreme Court · 1874
- Northwestern Mutual Life Insurance v. Germania Fire InsuranceWisconsin Supreme Court · 1876
- Dennison v. Phœnix InsuranceSupreme Court of Iowa · 1879
- Edgerly v. Farmers' InsuranceSupreme Court of Iowa · 1876
3Cited by6 opinions
- Hollis v. State InsuranceSupreme Court of Iowa · 1884
- Armstrong v. Agricultural InsuranceNew York Court of Appeals · 1892
- Corson v. Anchor Mutual Fire InsuranceSupreme Court of Iowa · 1901
- Brown v. State InsuranceSupreme Court of Iowa · 1888
- Hough v. Anchor Fire InsuranceSupreme Court of Iowa · 1905
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