Legal Opinion

McLean v. American Mutual Fire Insurance

Supreme Court of Iowa

Decided January 23, 1904PublishedCited by 4 opinions

Appeal from Dallas District Court. — Hón. A. W. Wilkinson, Judge. On tbe 23d day of August, 1899, tbe defendant issued plaintiff’s policy, covering bis stock, of goods against fire and tornado during tbe four years following. Mucb of tbe stock was destroyed by fire July 4, 1901. Due notice was given, and on tbe 12tb day of tbe same month tbe adjusters of this and four other companies met tbe plaintiff at Dallas Center.

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Appeal from Dallas District Court. — Hón. A. W. Wilkinson, Judge. On tbe 23d day of August, 1899, tbe defendant issued plaintiff’s policy, covering bis stock, of goods against fire and tornado during tbe four years following. Mucb of tbe stock was destroyed by fire July 4, 1901. Due notice was given, and on tbe 12tb day of tbe same month tbe adjusters of this and four other companies met tbe plaintiff at Dallas Center. As tbe policies covered specified property in different buildings, and as plaintiff’s books contained no data as to location of tbe property destroyed, some difficulty was…

1Opinion of the CourtLadd, J.

No doubt tbe company could bave canceled its entire policy by returning tbe proper proportion of tbe premium received. But neither tbe policy nor tbe la.w author-1. reduction of risk. ized it to reduce the amount of the policy with-011t asgenf 0f fhe assured. Tbe mere writing of tbe letter saying, “We are then obliged to reduce our line upon your risk from $1,250 to $500.” and inclosing a slip to this effect, with tbe request that it be attached to the policy, did not effect tbe object sought, unless after its receipt something was done or omitted by tbe insured indicating acquiescence…

2Cases cited1 opinion

  1. Corkery v. Security Fire InsuranceSupreme Court of Iowa · 1896

3Cited by4 opinions

  1. A. W. Sewell Co. v. Commercial Casualty Ins.Utah Supreme Court · 1932
  2. Griffiths v. BrooksSupreme Court of Iowa · 1940
  3. Williams v. Farmers Mutual Hail InsuranceSupreme Court of Iowa · 1927
  4. Legler v. West Side Mutual Fire InsuranceSupreme Court of Iowa · 1932

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