Worley v. State Insurance
Supreme Court of Iowa
Appeal from Keolmls Superior Court. — Hon. H. Bank, Jr., Judge. This action was commenced May 20, 1891, by sei’ving an original notice on the local agent of the defendant. The action is upon a policy of insurance against loss by fire, issued to Nannie M. Smith in consideration of five dollars and twenty cents premium paid, and assigned, with the consent of the defendant, to the plaintiff.
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Appeal from Keolmls Superior Court. — Hon. H. Bank, Jr., Judge. This action was commenced May 20, 1891, by sei’ving an original notice on the local agent of the defendant. The action is upon a policy of insurance against loss by fire, issued to Nannie M. Smith in consideration of five dollars and twenty cents premium paid, and assigned, with the consent of the defendant, to the plaintiff. The property insured was situated on a certain tract of land, and is described as follows: “Namely, three hundred dollars on one-story frame building, 30x16, and additions thereto attached, with shingle…
1Opinion of the CourtG-iven, J.
I. We first consider the case as presented on plaintiff’s appeal. The question is whether the court erred in sustaining defendant’s motion, on the second' ground thereof. There is no conflict whatever in the evidence as to the condition of the insured property at the time of the fire, and therefore there was no question of fact, as to its being vacant or not, to submit to the jury. It was for the court to determine, as a matter of law, whether, under the terms of the policy and the undisputed facts, the policy had become void. Numerous cases are cited .wherein the policy was conditioned…
2Cases cited6 opinions
- Garver v. Hawkeye Ins.Supreme Court of Iowa · 1886
- Connecticut Fire Insurance v. TilleySupreme Court of Virginia · 1892
- Eddy v. Hawkeye Ins.Supreme Court of Iowa · 1886
- Bryan v. Peabody InsuranceWest Virginia Supreme Court · 1875
- Taylor v. Merchants & Bankers' InsuranceSupreme Court of Iowa · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ohio Farmers Insurance v. VogelIndiana Supreme Court · 1906
- Lesure Lumber Co. v. Mutual Fire InsuranceSupreme Court of Iowa · 1897
- Ermentrout v. American Fire InsuranceSupreme Court of Minnesota · 1895
- Smith v. Continental Insurance Co.Supreme Court of Iowa · 1899
- Central Montana Mines Co. v. Fireman's Fund InsuranceSupreme Court of Minnesota · 1904
2 more not listed; retrieve them via the Exa API.