Dennison v. Phœnix Insurance
Supreme Court of Iowa
Appeal from Woodbury Circuit Court. Action upon a lire insurance policy. At tbe timo tbe insurance was effected tbe building insured was occupied by a tenant of tbe plaintiff. When it was burned it was not occupied by any one, and bad been vacant for some seventeen days. The property was situated in Sioux City, and bad been used as a boarding bouse and hotel. The plaintiff" resided some fourteen miles from Sioux City.
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Appeal from Woodbury Circuit Court. Action upon a lire insurance policy. At tbe timo tbe insurance was effected tbe building insured was occupied by a tenant of tbe plaintiff. When it was burned it was not occupied by any one, and bad been vacant for some seventeen days. The property was situated in Sioux City, and bad been used as a boarding bouse and hotel. The plaintiff" resided some fourteen miles from Sioux City. There was a trial by jury and a verdict and judgment for tbe plaintiff. Defendant appeals.
1Opinion of the CourtRothrook, J.
Tbe policy contains the following clause or stipulation:
l. insurance: sm'edfimocfn|.ied 13111101 “ If the above mentioned premises shall be occupied or used so as to increase the risk, or become vacant or unoccupied, and so remain, without notice to, and consent of, this company in writing, or the risk be increased by the erection of neighboring buildings, or by any means whatever within the control of tbe assured, without the consent of this company indorsed hereon * * then, and in every such case, this policy is void.”
The court instructed the jury to the effect that it was not every…
2Cases cited1 opinion
- Wustum v. City Fire InsuranceWisconsin Supreme Court · 1862
3Cited by21 opinions
- Weidert v. State Insurance Co.Oregon Supreme Court · 1890
- Hanover Fire Insurance v. GustinNebraska Supreme Court · 1894
- Shackelton v. Sun Fire OfficeMichigan Supreme Court · 1884
- Springfield F. & M. Ins. v. McLimans & CoyleNebraska Supreme Court · 1890
- Eddy v. Hawkeye Ins.Supreme Court of Iowa · 1886
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