Hamberg v. St. Paul Fire & Marine Insurance
Supreme Court of Minnesota
Appeal by defendant from an' order of the district court for Ramsey county, Egan, J., denying a new trial after a verdict for plaintiff for 1326.07. Fraudulent overvaluations in proofs of loss, knowingly and willfully made, and false answers and statements relevant and material to -the subject of inquiry, and which are knowingly and willfully made and given under oath, upon an examination provided for by the terms of the policy, will avoid the policy and forfeit all right to…
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Appeal by defendant from an' order of the district court for Ramsey county, Egan, J., denying a new trial after a verdict for plaintiff for 1326.07. Fraudulent overvaluations in proofs of loss, knowingly and willfully made, and false answers and statements relevant and material to -the subject of inquiry, and which are knowingly and willfully made and given under oath, upon an examination provided for by the terms of the policy, will avoid the policy and forfeit all right to recovery thereunder. Olaflin v. Commonwealth, 110 U. S. 81; Smith v. Queen, 1 Hann. 311; Security v. Bronger, 6 Bush,…
1Opinion of the CourtCanty, J.
This is an action on a fire insurance policy to recover for a loss by fire. Plaintiff had a verdict, and from an order denying a new trial defendant appeals.
1. On the trial defendant offered in evidence the two written examinations of plaintiff, each taken after the loss at the instance of defendant, pursuant to provisions in the policy, and signed by the plaintiff before a notary public. The court, on plaintiff’s objection, rejected the offer. Then defendant offered each written examination separately, and, this being refused, proceeded to offer separately each question and answer in each…
2Cases cited4 opinions
- Claflin v. Commonwealth InsuranceSupreme Court of the United States · 1884
- Mosness v. German-American Insurance Co. of New YorkSupreme Court of Minnesota · 1892
- Gasser v. Sun Fire OfficeSupreme Court of Minnesota · 1890
- Powers Dry Goods Co. v. Imperial Fire Ins.Supreme Court of Minnesota · 1892
3Cited by14 opinions
- Farm Bureau Town & Country Insurance Co. v. CrainMissouri Court of Appeals · 1987
- Glidden Co. v. Retail Hardware Mutual Fire InsuranceSupreme Court of Minnesota · 1930
- Michigan Fire & Marine Ins. Co. v. National Surety Corp.Court of Appeals for the Eighth Circuit · 1946
- Abramowitz v. Continental InsuranceSupreme Court of Minnesota · 1927
- Fitch v. MartinNebraska Supreme Court · 1909
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