McKinney v. German Mutual Fire Insurance Society of Liberty
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Grant county: Geo. ClEMEntson, Circuit Judge. The defendant is a town mutual insurance society, organized under the laws of this state.
Read the full summary
Appeal from a judgment of the circuit court for Grant county: Geo. ClEMEntson, Circuit Judge. The defendant is a town mutual insurance society, organized under the laws of this state. On November 15, 1888, the plaintiff paid the requisite amount and procured a policy of insurance which, by its terms, insured him against loss or damage by fire and lightning to the property in question and other property, for the term of five years, in the sum of $2,035. A fire occurred in the afternoon of September 11, 1893, which destroyed the dwelling-house and most of the contents, for which the plaintiff…
1Opinion of the CourtCassoday, J.
The defendant is justified in contending that the use of the stovepipe contrary to the provisions of the policy, as found, avoided the policy. Wilcox v. Continental Ins. Co. 85 Wis. 193, and cases there cited. The more important question is whether the defendant is in a position to make such contention available. It is not found, and does not appear, that the secretary, Bald, knew that the stovepipe was being used at the time he inspected the premises and issued the policy. But the court found in effect, as undisputed, that the secretary who succeeded him, Kemper, was upon the premises in the…
2Cases cited5 opinions
- Renier v. Dwelling House InsuranceWisconsin Supreme Court · 1889
- Wilcox v. Continental Insurance Co. of New YorkWisconsin Supreme Court · 1893
- True v. Bankers' Life Ass'n of MinnesotaWisconsin Supreme Court · 1890
- Dohlantry v. Blue Mounds Fire & Lightning InsuranceWisconsin Supreme Court · 1892
- Jerdee v. Cottage Grove Fire InsuranceWisconsin Supreme Court · 1890
3Cited by3 opinions
- Farmers' Alliance Insurance v. FergusonSupreme Court of Kansas · 1908
- Central Market Street Co. v. North British & Mercantile InsuranceSupreme Court of Pennsylvania · 1914
- Kidder v. Knights Templars & Masons Life Indemnity Co.Wisconsin Supreme Court · 1896