Kempton v. State Ins.
Supreme Court of Iowa
Appeal from Polk Circuit Court. This is an action upon a policy of insurance issued on tbe twenty-eiglith day of November, 1877, for the term of five years, to recover for losses by ñre occasioned to the insured property on the twenty-third day of September, 1881. The. answer alleges that the policy contains a provision that, “if said property shall he sold, conveyed or encumbered, in whole or in part, whether by legal process, judicial decree, mortgage, voluntary transfer…
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Appeal from Polk Circuit Court. This is an action upon a policy of insurance issued on tbe twenty-eiglith day of November, 1877, for the term of five years, to recover for losses by ñre occasioned to the insured property on the twenty-third day of September, 1881. The. answer alleges that the policy contains a provision that, “if said property shall he sold, conveyed or encumbered, in whole or in part, whether by legal process, judicial decree, mortgage, voluntary transfer or otherwise, * * * without the written consent of this company obtained, the policy shall in either event immediately…
1Opinion of the Court
Day, Ch. J.
1. It is insisted that the execution and delivery of the written contract above referred to constituted a sale of the property within the meaning of the policy. That it did not constitute a sale within the meaning of the policy is established, so far as we have been able to discover, by ah unbroken current of authority. In Washington Fire Insurance Company v. Kelly, 32 Md., 421, the policy contained a provision that, “if the property shall be sold or conveyed, or if the policy shall be assigned, without the consent of the company in writing thereon, then this policy shall be null…
2Cases cited2 opinions
- Washington Fire Insurance v. KellyCourt of Appeals of Maryland · 1870
- Browning v. . Home Insurance CompanyNew York Court of Appeals · 1877
3Cited by16 opinions
- Davidson v. Hawkeye InsSupreme Court of Iowa · 1887
- Erb v. Fidelity InsuranceSupreme Court of Iowa · 1896
- Schaeffer v. Anchor Mutual Fire InsuranceSupreme Court of Iowa · 1901
- Waller v. StaplesSupreme Court of Iowa · 1898
- Arkansas Fire Insurance v. WilsonSupreme Court of Arkansas · 1900
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