Legal Opinion
Estreen v. Fire Ass'n of Philadelphia
Wisconsin Supreme Court
Decided December 6, 1938PublishedCited by 5 opinions
1Opinion of the CourtFowler, J.
As more particularly appears from the foregoing statement of facts, the action is brought on a contract insuring the automobile of plaintiff against loss through “accidental collision and upset” which expressly provides that the insurer is “not liable for loss or damage” to the automobile sustained while “subject to” any chattel mortgage other than one specified in the contract. The loss fot which recovery is sought was SO' sustained. This provision is plainly one of coverage. Moe v. Allemannia Fire Ins. Co. 209 Wis. 526, 244 N. W. 593. Therefore, as ruled by the circuit court, there can be…
2Cases cited1 opinion
- Moe v. Allemannia Fire Insurance Co.Wisconsin Supreme Court · 1932
3Cited by5 opinions
- Atlantic Cas. Ins. Co. v. Interstate Ins. Co.New Jersey Superior Court Appellate Division · 1953
- Riteway Carriers, Inc. v. Stuyvesant Ins. CoCourt of Appeals for the Eighth Circuit · 1954
- Straw v. Integrity Mutual Insurance Co.Wisconsin Supreme Court · 1945
- Emmco Insurance v. Palatine InsuranceWisconsin Supreme Court · 1953
- Emmco Insurance v. Palatine InsuranceWisconsin Supreme Court · 1953