Herring v. American Insurance
Supreme Court of Iowa
Appeal from Howard District Court. — IIon. A. N. Hobson, Judge. Suit to recover upon an alleged contract of insurance. There was a trial to a jury, and a verdict and judgment for tlie plaintiff. The defendant appeals.
1Opinion of the CourtSherwin, J.
The plaintiff made a written application for fire insurance upon her property, which she claims was received and accepted by the defendant. No policy was issued her, and about a month after she made the application her property burned. The controlling question in the case is whether the proposal for insurance contained in the plaintiff’s application was accepted by the defendant. If it was, there was a meeting of the minds of the parties, and a valid contract of insurance, which will be enforced, though no policy issued. Smith v. The State Insurance Co., 64 Iowa, 716; The City of Davenport v.…
2Cases cited2 opinions
- City of Davenport v. Peoria Marine & Fire InsuranceSupreme Court of Iowa · 1864
- Smith v. State Ins.Supreme Court of Iowa · 1884
3Cited by8 opinions
- McCracken, Guardian v. Travelers' Ins. Co.Supreme Court of Oklahoma · 1916
- Lynn v. RichardsonSupreme Court of Iowa · 1911
- Ulledalen v. the United States Fire Ins. Co.North Dakota Supreme Court · 1946
- Van Arsdale-Osborne Brokerage Co v. CooperSupreme Court of Oklahoma · 1911
- Carter v. BairSupreme Court of Iowa · 1926
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