Greenlee v. North British & Mercantile Insurance
Supreme Court of Iowa
Appeal from Benton District Court. — Hon. George W. Burnham, Judge. Aotion at law upon a policy of ñre insurance. Defense, breach of condition against incumbrances, and of a further condition against change of interest, title or possession by legal process, judgment or voluntary act of the insured, or otherwise. Plaintiff’s reply is a denial, and also a claim of waiver. The case was tried to a jury, resulting in a directed verdict for plaintiffs, and defendant appeals. —
1Opinion of the CourtDeemer, J.
1 The property insured was a store and opera-house building and fixtures, situated in the city of Belle Plaine; and the policy contains these, among other, conditions: “This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void * * * if the hazard be increased by any means, within the. control or knowledge of the insured, * * * or if the interest of the insured be other than unconditional and sole ownership, * * * or if, with the knowledge of the insured, foreclosure proceedings be commenced, or notice given of sale of any property covered by…
2Cases cited13 opinions
- Wood v. . American Fire Ins. Co.New York Court of Appeals · 1896
- Curtis v. Millard & Co.Supreme Court of Iowa · 1862
- Andrews & Smith v. Burdick & GobleSupreme Court of Iowa · 1883
- Russell v. Cedar Rapids Ins.Supreme Court of Iowa · 1887
- Russell v. Cedar Rapids InsuranceSupreme Court of Iowa · 1889
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3Cited by15 opinions
- Rossini v. Saint Paul Fire & Marine Ins. Co.California Supreme Court · 1920
- Stebbins v. Westchester Fire InsuranceWashington Supreme Court · 1921
- Home Ins. Co. v. CurrieCourt of Appeals for the Fifth Circuit · 1931
- Collins v. Iowa Manufacturers InsuranceSupreme Court of Iowa · 1918
- Funk v. Anchor Fire InsuranceSupreme Court of Iowa · 1915
10 more not listed; retrieve them via the Exa API.