German Ins. v. Heiduk
Nebraska Supreme Court
Error to the district court for Cuming county. Tried below before Norris, J. The insured were bound to know that additional insurance in violation of the terms of the contract would prevent a recovery. (Havens v. Ins. Co., 111 Ind., 90; Clearer v. Ins. Co., 32 N. W. Rep. [Mich.], 660; Cook v. Anamosa, 66 Ia., 427; Russell v. Ins.
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Error to the district court for Cuming county. Tried below before Norris, J. The insured were bound to know that additional insurance in violation of the terms of the contract would prevent a recovery. (Havens v. Ins. Co., 111 Ind., 90; Clearer v. Ins. Co., 32 N. W. Rep. [Mich.], 660; Cook v. Anamosa, 66 Ia., 427; Russell v. Ins. Co., 42 N. W. Rep. [Ia.], 654; Clarke v. R. Co., 5 Neb., 314.) Any violation of lawful conditions imposed by the insurer, releases him from liability. (Wood v. Ins. Co., 13 Conn., 533; Worcester v. Ins. Co., 11 Cush. [Mass.], 265.) The powei’s of an agent may be…
1Opinion of the Court
' Nob,val J.
This is an action upon a policy of insurance issued by the defendant June 1, 1887, for one year. The insurance was for $1,500 upon the plaintiffs’ stock of clothing and gents’ furnishing goods, situated at West Point, Nebraska. On the 26th day of November, 1887, while said policy was in full force, the property was totally destroyed by tire. The petition is in the usual form. The policy sued on is attached to the petition and contains this written clause: “$400, other insurance concurrent herewith only permitted.” The defendant by its answer admits the execution and delivery of…
2Cases cited9 opinions
- Cleaver v. Traders' InsuranceMichigan Supreme Court · 1887
- Havens v. Home InsuranceIndiana Supreme Court · 1887
- Gans v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1877
- Hankins v. Rockford Insurance Co.Wisconsin Supreme Court · 1887
- Merserau v. . Ph&338nix Mutual Life Ins. Co.New York Court of Appeals · 1876
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Alabama State Mutual Assurance Co. v. Long Clothing & Shoe Co.Supreme Court of Alabama · 1898
- Eagle Fire Co. v. LewallenSupreme Court of Florida · 1908
- Maupin v. Insurance Co.West Virginia Supreme Court · 1903
- Sullivan v. Mercantile Town Mut. Ins. Co.Supreme Court of Oklahoma · 1908
- Ruffner Bros. v. Dutchess InsuranceWest Virginia Supreme Court · 1906
16 more not listed; retrieve them via the Exa API.