Legal Opinion

Eifert v. Hartford Fire Insurance

Supreme Court of Minnesota

Decided January 7, 1921No. 22,042PublishedCited by 6 opinions

Action in the district court for Otter Tail county to recover $500 for breach of contract to insure. The answer admitted that defendant wrote a policy on June 4, 1917, but alleged that it expired on June 4, 1918. The ease was tried before Parsons, J., who at the close of the testimony denied plaintiff’s motion for a directed verdict and denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $522.75 and answered in the affirmative the…

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Action in the district court for Otter Tail county to recover $500 for breach of contract to insure. The answer admitted that defendant wrote a policy on June 4, 1917, but alleged that it expired on June 4, 1918. The ease was tried before Parsons, J., who at the close of the testimony denied plaintiff’s motion for a directed verdict and denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $522.75 and answered in the affirmative the question: “Did plaintiff pay defendant the premium for the renewal of the $500 policy?” Defendant’s motion for judgment…

1Opinion of the CourtHalram, J.

1. The complaint in this action alleged that on June 4, 1917, defendant, through its agent at Eichville, Minnesota, wrote a policy of fire insurance upon a building owned by plaintiff at Eichville, insuring said property for the term of one year in the amount of $500, that about May 1, 1918, defendant agreed to renew said policy for the term of one year ending June 4, 1919, and that plaintiff agreed to pay defendant a premium therefor, that on March 15, 1919, the property insured was destroyed by fire "in such manner that defendant became liable for said amount of $500, and that by virtue of…

2Cases cited14 opinions

  1. Commercial Mutual Marine Insurance v. Union Mutual Insurance Co.Supreme Court of the United States · 1857
  2. Ellis v. . Albany City Fire Insurance Co.New York Court of Appeals · 1872
  3. Sanford v. Orient InsuranceMassachusetts Supreme Judicial Court · 1899
  4. Firemen's Insurance v. KuessnerIllinois Supreme Court · 1896
  5. McCabe Bros. v. Aetna InsuranceNorth Dakota Supreme Court · 1899

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

3Cited by6 opinions

  1. Field v. Missouri Life Ins. Co.Utah Supreme Court · 1930
  2. Ulledalen v. the United States Fire Ins. Co.North Dakota Supreme Court · 1946
  3. Schmidt v. Agricultural Ins. Co.Supreme Court of Minnesota · 1934
  4. Wester v. Trailmobile Co.New Mexico Supreme Court · 1955
  5. Stewart v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1927

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

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