Dick v. Equitable Fire & Marine Insurance
Wisconsin Supreme Court
Appeals from judgments of the circuit court for Eau Claire county: W. E. Bailey, Circuit Judge. The action is upon a policy of fire insurance issued by the •defendants, jointly, under the name “The Rhode Island Underwriters’ Association,” to the plaintiff Dick. Dick was the owner of the property insured, and Powell held a mortgage upon it. The loss, if any, was made payable to Powell M as her mortgage interest may appear.”
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Appeals from judgments of the circuit court for Eau Claire county: W. E. Bailey, Circuit Judge. The action is upon a policy of fire insurance issued by the •defendants, jointly, under the name “The Rhode Island Underwriters’ Association,” to the plaintiff Dick. Dick was the owner of the property insured, and Powell held a mortgage upon it. The loss, if any, was made payable to Powell M as her mortgage interest may appear.” The policy contained a provision that it should be void “ if, with the knowledge of the insured, foreclosure proceedings be commenced, ■or notice given of any sale of any…
1Opinion of the CourtNewMAN, J.
It is not questioned by tbe plaintiffs, but is conceded that tbe foreclosure proceedings rendered tbe policy of insurance voidable, at tbe option of tbe defendants. But it is contended by tbe plaintiffs that, in tbe exercise of that option, tbe defendants elected to waive tbe forfeiture *50and to treat the policy as still valid, and so are now estopped to urge the forfeiture. It is well settled in this state that conduct on the part of insurance companies, after knowledge-of the forfeiture of a policy, which assumes the policy to be-still valid and in force, especially if it subjects the insured…
2Cases cited8 opinions
- Gans v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1877
- Renier v. Dwelling House InsuranceWisconsin Supreme Court · 1889
- Oshkosh Gas Light Co. v. Germania Fire InsuranceWisconsin Supreme Court · 1888
- Cannon v. Home Insurance Company of New YorkWisconsin Supreme Court · 1881
- Seyk v. Millers' National InsuranceWisconsin Supreme Court · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- German American Insurance v. HymanSupreme Court of Colorado · 1908
- Royal Insur. Co. v. DruryCourt of Appeals of Maryland · 1926
- Gish v. Insurance Co. of North AmericaSupreme Court of Oklahoma · 1905
- Corson v. Anchor Mutual Fire InsuranceSupreme Court of Iowa · 1901
- German Insurance v. ShaderNebraska Supreme Court · 1903
13 more not listed; retrieve them via the Exa API.