Body v. Hartford Fire Insurance
Wisconsin Supreme Court
APPEAL from the County Court of Winnebago County. Action on a’ policy of insurance against loss by fire. The plaintiff Body owned and occupied premises in Clintonville, "Waupaca county, Wisconsin. The plaintiff Lcmson held a mortgage on the property. In December, 1883, Body applied to one Philipps, who was the local agent at Clintonville for three insurance companies, but not of the defendant company, for $6,000 insurance upon such buildings and their contents.
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APPEAL from the County Court of Winnebago County. Action on a’ policy of insurance against loss by fire. The plaintiff Body owned and occupied premises in Clintonville, "Waupaca county, Wisconsin. The plaintiff Lcmson held a mortgage on the property. In December, 1883, Body applied to one Philipps, who was the local agent at Clintonville for three insurance companies, but not of the defendant company, for $6,000 insurance upon such buildings and their contents. Philipps agreed" to take the risk in the companies which he represented, and Body paid him the required premium therefor. Philipps…
1Opinion of the CourtLyoN, J.
After the decisions of this court in. Schomer v. Hekla F. Ins. Co. 50 Wis. 575; Knox v. Lycoming F. Ins. Co. 50 Wis. 671; and Alkan v. New Hampshire Ins. Co. 53 Wis. 136,— it would be difficult to demonstrate that, for the purposes of the policy in suit, Philipps was not the agent of the defendant insurance company under the provisions of sec. 1911, R. S., as amended by Laws of 1880, ch. 240, sec. 5 (San. & B. Supp. 433). The following extract from the opinion in the case last above cited well illustrates the application of that statute to the present case: “ The assured, by h-is agent,…
2Cases cited4 opinions
- Alkan v. New Hampshire InsuranceWisconsin Supreme Court · 1881
- Schomer v. Hekla Fire InsuranceWisconsin Supreme Court · 1880
- Congar v. Galena & Chicago Union RailroadWisconsin Supreme Court · 1863
- Knox v. Lycoming Fire InsuranceWisconsin Supreme Court · 1881
3Cited by13 opinions
- John R. Davis Lumber Co. v. Hartford Fire InsuranceWisconsin Supreme Court · 1897
- Pollock v. German Fire-InsuranceMichigan Supreme Court · 1901
- Maryland Casualty Co. v. McTyierTennessee Supreme Court · 1924
- Zell v. Herman Farmers' Mutual InsuranceWisconsin Supreme Court · 1890
- Fred Miller Brewing Co. v. Council Bluffs InsuranceSupreme Court of Iowa · 1895
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