Menting v. Germania Fire Insurance
Wisconsin Supreme Court
Appeal from a judgment of the municipal court of Lang-lade county: T. W. Hogan, Judge. The appeal is from a judgment in favor of plaintiffs entered in a consolidation of several actions upon several insurance policies in the municipal court of Langlade county. On October 4, 1917, a fire destroyed a quantity of lumber on the premises of and near the sawmill of the firm of Ment-ing & Hickey at Pence Lake, Langlade county, Wisconsin.
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Appeal from a judgment of the municipal court of Lang-lade county: T. W. Hogan, Judge. The appeal is from a judgment in favor of plaintiffs entered in a consolidation of several actions upon several insurance policies in the municipal court of Langlade county. On October 4, 1917, a fire destroyed a quantity of lumber on the premises of and near the sawmill of the firm of Ment-ing & Hickey at Pence Lake, Langlade county, Wisconsin. The policies were, as originally issued or subsequently changed, to the firm of Menting & Hickey as assured, with a provision that the loss or damage if any was…
1Opinion of the CourtEschweiler, J.
The serious question presented in this case is whether or not the clause in sub. 5, sec. 1946i, Stats., quoted above, to the effect that “No proof of loss under any policy of insurance shall be made until such notice has been given by or in behalf of such occupant or owner,” is of such force and vigor that a failure to give such notice shall deprive an insured, otherwise entitled to recover for a fire loss, from any right to recover.
This subsection in question was created by ch. 489, Laws 1913. No amendments have been ¡jnade since then, nor has it been presented for consideration to this…
2Cases cited4 opinions
- Dutcher v. DutcherWisconsin Supreme Court · 1876
- Rosenthal v. Insurance Co. of North AmericaWisconsin Supreme Court · 1914
- Temple v. Niagara Fire InsuranceWisconsin Supreme Court · 1901
- Kutschenreuter v. Providence Washington InsuranceWisconsin Supreme Court · 1916
3Cited by1 opinion
- Binsfeld v. Home Mutual InsuranceWisconsin Supreme Court · 1944