Worachek v. New Denmark Mutual Home Fire Insurance
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown county: S. D. Hastings, Jr., Circuit Judge'. Action to recover on a fire insurance policy. The subject of the insurance was a dwelling house and the ordinary personal property of the occupant. The complaint stated facts requisite to a recovery.
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Appeal from a judgment of the circuit court for Brown county: S. D. Hastings, Jr., Circuit Judge'. Action to recover on a fire insurance policy. The subject of the insurance was a dwelling house and the ordinary personal property of the occupant. The complaint stated facts requisite to a recovery. The answer, among other things, claimed a forfeiture of all liability on the contract of insurance because of acts of the assured and a clause of the policy which reads as follows: “ Any misrepresentation or fraud or concealment or false swearing, by the insured, in relation to any insurance, or the…
1Opinion of the CourtMarshall, J.
The sole question for decision on this appeal is, Where a policy of insurance against loss by fire covers a building and personal property located therein, the premium being distributed part to the realty and part to the personalty, and the building is totally destroyed by fire and the personal property injured or destroyed as well, and the policy provides that any false swearing by the insured in relation to the quantity, quality, description, or valúe of the property destroyed or damaged shall forfeit all claim under such policy and bar all remedies thereon, and there is such false…
2Cases cited6 opinions
- Hinman v. Hartford Fire InsuranceWisconsin Supreme Court · 1874
- Carey v. German American InsuranceWisconsin Supreme Court · 1893
- Loomis v. Rockford InsuranceWisconsin Supreme Court · 1890
- Burr v. German InsuranceWisconsin Supreme Court · 1893
- Schumitsch v. American Insurance Co. of ChicagoWisconsin Supreme Court · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Boatner v. Providence-Washington Ins. Co.Texas Commission of Appeals · 1922
- Goorberg v. the Western Assurance Co.California Supreme Court · 1907
- Beyer v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1901
- American Casualty Company of Reading, Pennsylvania v. B. Cianciolo, Inc., and the Cianciolo Company, Inc.Court of Appeals for the Seventh Circuit · 1993
- Weddington v. Insurance Co.Supreme Court of North Carolina · 1906
3 more not listed; retrieve them via the Exa API.