Stevens v. Queen Insurance Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County.. This action was brought by the plaintiff, as administrator of Greenberry Thompson, to recover against the defendant company for a loss sustained by the plaintiff’s intestate under a policy of insurance issued May 6, 1884, by the defendant company, whereby it insured said Thompson to the amount of $2,000, distributed as follows: $200 on his dwelling-house; $150 on his household furniture; $25 on wearing apparel; $50 on his…
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APPEAL from the Circuit Court for Grant County.. This action was brought by the plaintiff, as administrator of Greenberry Thompson, to recover against the defendant company for a loss sustained by the plaintiff’s intestate under a policy of insurance issued May 6, 1884, by the defendant company, whereby it insured said Thompson to the amount of $2,000, distributed as follows: $200 on his dwelling-house; $150 on his household furniture; $25 on wearing apparel; $50 on his cabinet organ, while contained therein; $300 on his frame barn and sheds adjoining; $600 on hay and grain contained therein;…
1Opinion of the CourtPiNNey, J.
The representation contained in the application of the insured for his policy, as to incumbrances on the property, is regarded as a warranty, and is material to the contract. Its purpose is to ascertain the amount of the interest of the' insured in the property, as affecting the judgment of the insurer as to the character of the risk, by taking into consideration the motive which the insured may have in the preservation of the property. A statement on this subject, substantially untrue as to the amount of in-cumbrances, will avoid the policy. 2 May, Ins. § 290; Schumitsch v. Am. Ins. Co. 48…
2Cases cited12 opinions
- Hankins v. Rockford Insurance Co.Wisconsin Supreme Court · 1887
- Renier v. Dwelling House InsuranceWisconsin Supreme Court · 1889
- Miner v. Phœnix InsuranceWisconsin Supreme Court · 1871
- McBride v. Republic Fire Ins.Wisconsin Supreme Court · 1872
- Hinman v. Hartford Fire InsuranceWisconsin Supreme Court · 1874
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Keith v. Royal Insurance Co.Wisconsin Supreme Court · 1903
- Oshkosh Match Works v. Manchester Fire Assurance Co.Wisconsin Supreme Court · 1896
- Bourgeois v. Mutual Fire InsuranceWisconsin Supreme Court · 1893
- Woodard v. German-American Insurance Co. of New YorkWisconsin Supreme Court · 1906
6 more not listed; retrieve them via the Exa API.