Legal Opinion

Faust v. American Fire Insurance Co. of Philadelphia

Wisconsin Supreme Court

Decided October 22, 1895PublishedCited by 14 opinions

Appeal from a judgment of the circuit court for Dane county: E. G. SiebecKee, Circuit Judge. This action was brought to recover loss sustained by the plaintiff under a standard insurance policy of the state of Wisconsin, issued by defendant.

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Appeal from a judgment of the circuit court for Dane county: E. G. SiebecKee, Circuit Judge. This action was brought to recover loss sustained by the plaintiff under a standard insurance policy of the state of Wisconsin, issued by defendant. The written portion of the policy reads as follows: “ Joseph Faust: Four hundred dollars ($400) on his two-story frame, shingle-roof building and one-story frame addition thereto, occupied as a furniture store and repaw shop, situated on the corner of East and Eiver streets, village of Christiana, Dane county, Wisconsin. Four hundred dollars ($400) on the…

1Opinion of the CourtMaeshall, J.

The main question presented on this appeal is whether the presence of a small amount of benzine on the premises for use in the repair shop rendered the contract of insurance void. Keeping in mind the undisputed evidence that the prohibited article was not kept as an article of merchandise for sale, but as an article usually and necessarily kept in operating the business of the repair department of the furniture store, which the policy expressly covered, we find abundant authority to support the general rule, which we adopt, that where a contract of insurance, by the written portion, covers…

2Cases cited21 opinions

  1. Viele v. Germania InsuranceSupreme Court of Iowa · 1868
  2. Harper v. . the Albany Mutual Insurance CompanyNew York Court of Appeals · 1858
  3. Carlin v. Western Assurance Co. of Toronto, CanadaCourt of Appeals of Maryland · 1882
  4. O'Brien v. Ohio InsuranceMichigan Supreme Court · 1883
  5. Franklin Fire Insurance v. Chicago Ice Co.Court of Appeals of Maryland · 1872

16 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Weininger v. Metropolitan Fire InsuranceIllinois Supreme Court · 1935
  2. Miller v. Sovereign Camp Woodmen of the WorldWisconsin Supreme Court · 1909
  3. Smith v. German InsuranceMichigan Supreme Court · 1895
  4. Phoenix Insurance v. FlemmingSupreme Court of Arkansas · 1898
  5. Mascott v. First National Fire InsuranceSupreme Court of Vermont · 1896

9 more not listed; retrieve them via the Exa API.

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