Copp v. German American Insurance Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Monroe County. Action upon a policy of insurance against fire on a mill and machinery in Prescott. The policy was issued by the defendant company to Redmon, Cross & Co. The loss (if a'ny) was made payable to the plaintiff as his interest should appear.
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APPEAL from the Circuit Court for Monroe County. Action upon a policy of insurance against fire on a mill and machinery in Prescott. The policy was issued by the defendant company to Redmon, Cross & Co. The loss (if a'ny) was made payable to the plaintiff as his interest should appear. The insurance was for one year from December 1, 1875, and the insured property was totally destroyed by fire September 20, 1876. The interest of the plaintiff in the property exceeds the sum for which it was so insured. The policy is accompanied by an application of Redmon, Cross & Co. for the insurance, which…
1Opinion of the Court
The following opinion was filed February 8, 1881:
LyoN, J.
The stipulations in the contract of insurance to be considered on this appeal, and which are contained in the questions propounded by the insurance company in the application and the answers of the insured therein, are promissory warranties in the nature of conditions subsequent. It is the settled law in this state that any substantial breach of such stipulations in policies containing provisions like those in the policy in suit, defeats the policy. Blumer v. Ins. Co., 45 Wis., 622; Redman v. Ins. Co., 49 Wis., 431. It is freely…
2Cases cited11 opinions
- Commissioners of Marion County v. ClarkSupreme Court of the United States · 1877
- Jeffries v. Life InsuranceSupreme Court of the United States · 1875
- Loehner v. Home Mutual InsuranceSupreme Court of Missouri · 1852
- Redman v. Ætna InsuranceWisconsin Supreme Court · 1880
- Duncan v. Sun Fire InsuranceNew York Supreme Court · 1831
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Straker v. Phenix Insurance Co. of BrooklynWisconsin Supreme Court · 1898
- Spensley v. Lancashire InsuranceWisconsin Supreme Court · 1882
- Kircher v. Milwaukee Mechanics' Mutual InsuranceWisconsin Supreme Court · 1889
- Killingstad v. MeigsWisconsin Supreme Court · 1911
- McGowan v. Supreme Court of the Independent Order of ForestersWisconsin Supreme Court · 1900
3 more not listed; retrieve them via the Exa API.