Colby v. Cedar Rapids Ins.
Supreme Court of Iowa
Appeal from Council Bluffs Superior Court. Action to recover unearned premiums. There was a trial without a jury, and judgment was rendered for the plaintiff for a part of the amount claimed.. Both parties appeal, the defendant perfecting its appeal first.
1Opinion of the CourtAdams, J.
The undisputed facts are that the defendant *578company issued to one Murray two policies of insurance for the period of five years, each providing, for cancellation at his pleasure. At the end of fifteen months he was induced to insure the property in the^Phoenix Insurance Company of Brooklyn, New York. As, however, he neither desired nor was allowed to have insurance upon the property in both companies, (the polices in the defendant company stipiilating against other insurance,) he conceived the plan of allowing the policies in the defendant company to be canceled, and of setting up a right of…
2Cases cited1 opinion
- Waller v. Northern Assurance Co.Supreme Court of Iowa · 1884
3Cited by11 opinions
- Gately-Haire Co. v. . Niagara Fire Ins. Co.New York Court of Appeals · 1917
- Home Fire Insurance v. KuhlmanNebraska Supreme Court · 1899
- Parsons v. Northwestern National Ins.Supreme Court of Iowa · 1907
- Dickerson v. Northwestern Mutual Life InsuranceIllinois Supreme Court · 1902
- Ohio Farmers Insurance v. WilliamsIndiana Court of Appeals · 1916
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