American Insurance v. Gallatin
Wisconsin Supreme Court
ERROR to the Circuit Court for Winnebago County. The action below was on a poliey of insurance against loss by fire, issued by the defendant company to the plaintiff Gal-latin, on his dwelling-house in the city of Oshkosh, and household furniture and wearing apparel therein. In case of loss, a portion of the insurance money was payable to the plaintiff Kuettle by the terms of the policy. The property was destroyed by fire during the term for which the policy was issued.
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ERROR to the Circuit Court for Winnebago County. The action below was on a poliey of insurance against loss by fire, issued by the defendant company to the plaintiff Gal-latin, on his dwelling-house in the city of Oshkosh, and household furniture and wearing apparel therein. In case of loss, a portion of the insurance money was payable to the plaintiff Kuettle by the terms of the policy. The property was destroyed by fire during the term for which the policy was issued. A few weeks preceding the fire, Gallatin procured other insurance on the same property in another company, and no consent…
1Opinion of the CourtLyok, J.
No consent of the secretary of the insurance company that Gallatin might procure other insurance on the insured property, is written on the policy. It is manifest, therefore, that, by the terms of the contract between the parties, the policy in suit is void, unless the company or its agent has done some act, or is chargeable with some omission of duty, which operates as a waiver, or which estops the com*43pany from availing itself of the stipulation that the policy shall he void in case further insurance of the property be obtained without such consent written thereon.
Inasmuch as the judge…
2Cases cited1 opinion
- Fleming v. Hartford Fire InsuranceWisconsin Supreme Court · 1877
3Cited by13 opinions
- Renier v. Dwelling House InsuranceWisconsin Supreme Court · 1889
- Schomer v. Hekla Fire InsuranceWisconsin Supreme Court · 1880
- German Insurance v. GraySupreme Court of Kansas · 1890
- Aetna Life Insurance v. FallowTennessee Supreme Court · 1903
- Alexander v. Continental Insurance Co. of New YorkWisconsin Supreme Court · 1886
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