Legal Opinion

Jaskulski v. Citizens' Mutual Fire-Insurance

Michigan Supreme Court

Decided November 11, 1902No. Docket No. 59PublishedCited by 8 opinions

Error to Kent; Wolcott, J. Assumpsit by Eranciska Jaskulski against the Citizens’ Mutual Fire-Insurance Company of Kent, Allegan, and Ottawa Counties on a policy of insurance. From a judgment for defendant on verdict directed by the court, plaintiff brings error. This is a suit upon an insurance policy to recover for a loss by fire. The policy was issued in 1895 to one Joseph Navrot, the owner of the land.

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Error to Kent; Wolcott, J. Assumpsit by Eranciska Jaskulski against the Citizens’ Mutual Fire-Insurance Company of Kent, Allegan, and Ottawa Counties on a policy of insurance. From a judgment for defendant on verdict directed by the court, plaintiff brings error. This is a suit upon an insurance policy to recover for a loss by fire. The policy was issued in 1895 to one Joseph Navrot, the owner of the land. The dwelling upon it was insured for $250. One Eckert had loaned Navrot some money, and taken a mortgage upon this land to secure it. Mr. Eckert and Mr. Navrot were both present when the…

1Opinion of the CourtGrant, J.

(after stating the facts). Insurance companies may lawfully contract with the insured that the contract of insurance shall be void upon a conveyance of the title to the property without notice to, and the assent of, the insurer. Insurance companies may decline to insure the purchaser and grantee, while willing to assume the moral hazard of the person originally insured. This provision was therefore valid. Plaintiff seeks to avoid the result by insisting that this policy was in fact issued for the benefit of Mr. Eckert, and that he had a contract with defendant. This contention is settled…

2Cases cited4 opinions

  1. Hartford Fire Ins. v. DavenportMichigan Supreme Court · 1877
  2. Phenix Insurance v. Omaha Loan & Trust Co.Nebraska Supreme Court · 1894
  3. Van Buren v. St. Joseph County Village Fire InsuranceMichigan Supreme Court · 1874
  4. Minnock v. Eureka Fire & Marine InsuranceMichigan Supreme Court · 1892

3Cited by8 opinions

  1. Walker v. Queen Insurance Co.Supreme Court of South Carolina · 1926
  2. St. Paul Fire & Marine Insurance v. RuddyCourt of Appeals for the Eighth Circuit · 1924
  3. Hill v. International Indemnity Co.Supreme Court of Kansas · 1924
  4. West v. Farm Bureau Mutual InsuranceMichigan Court of Appeals · 1975
  5. Dull v. Royal InsuranceMichigan Supreme Court · 1910

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