Phenix Insurance v. Hart
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Morgan county; the Hon. Cyrus Epler, Judge, presiding. On September 30, 1886, the appellant company issued its policy to appellee, insuring him against loss by fire to the extent of $3000, upon his dwelling house, for the term of five years.
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Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Morgan county; the Hon. Cyrus Epler, Judge, presiding. On September 30, 1886, the appellant company issued its policy to appellee, insuring him against loss by fire to the extent of $3000, upon his dwelling house, for the term of five years. The house was destroyed by fire September 28,1889. Proof of loss was made, and the policy not having been paid, this suit was brought. By the terms of the policy the application ivas made part thereof. The insurance was upon the shingle-roofed…
1Opinion of the CourtJustice Shope
The policy sued on insured appellee against loss or damage by fire upon his brick dwelling, which was represented to the company as being situated upon a one-hundred-acre tract of land described, and owned by assured. That the house was destroyed by fire during the continuance of the policy, and due proof of loss was made, and other provisions of the policy complied with by the assured, is not questioned. The defense insisted upon was, that there had been a forfeiture of the condition of the policy that “if the property shall hereafter become mortgaged or incumbered” without consent of the…
2Cases cited3 opinions
- Williamsburg City Fire Insurance v. CaryIllinois Supreme Court · 1876
- Illinois Fire Insurance v. StantonIllinois Supreme Court · 1870
- N. E. Fire & M. Ins. v. SchettlerIllinois Supreme Court · 1865
3Cited by57 opinions
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- Travelers Insurance Co. v. EvistonIndiana Court of Appeals · 1941
- John Hancock Mutual Life Insurance v. SchlinkIllinois Supreme Court · 1898
- Home Insurance Co. of New York v. MendenhallIllinois Supreme Court · 1897
- Gold Issue Mining & Milling Co. v. Pennsylvania Fire InsuranceSupreme Court of Missouri · 1916
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