Peterson v. Miss. Valley Ins.
Supreme Court of Iowa
Appeal from Winneshiek District Court. Insurance : construction oe policy, eto. — The defendant insured the plaintiff against loss or damage by fire and lightning for the term of five years, from July 21, 1865, on property described in the policy thus: “ On his dwelling house $400; grain in stack or crib $600; hay in stack $320; seven horses $750; cattle $275. Situated section 22, town 99, E. 7 west.”
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Appeal from Winneshiek District Court. Insurance : construction oe policy, eto. — The defendant insured the plaintiff against loss or damage by fire and lightning for the term of five years, from July 21, 1865, on property described in the policy thus: “ On his dwelling house $400; grain in stack or crib $600; hay in stack $320; seven horses $750; cattle $275. Situated section 22, town 99, E. 7 west.” In the application for the insurance (which is made a part of the policy) the property is described as follows : On his dwelling house, valuation $600; sum…
1Opinion of the Court
Dillon, Ch. J.
Insurance on Uve stock. This is an action on an ordinary fire policy. It is, of course, to have a reasonable construction. The policy and application are in the usual fOTm. It is evident from reading the policy and the numerous conditions it contains, that it is specially designed and adapted for buildings and the contents of buildings, and not for live stock. It is plain, that there is, as charged by the court, “no express provision in the policy limiting the plaintiff’s use of the property to section 22.”
The only claim on the part of the company, that there is such a…
2Cited by18 opinions
- Rosenthal v. Insurance Co. of North AmericaWisconsin Supreme Court · 1914
- Mickey v. Burlington Ins.Supreme Court of Iowa · 1872
- McCluer v. Girard Fire & Marine Ins.Supreme Court of Iowa · 1876
- Noyes v. Northwestern National InsuranceWisconsin Supreme Court · 1885
- Kinney v. Farmers' Mutual Fire & Ins. SocietySupreme Court of Iowa · 1913
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