Mechanics' Insurance v. Hodge
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Frank Baker, Judge, presiding. Appellee brought suit on a policy of insurance issued by appellant, and recovered a judgment in the circuit court of Cook county for §1135, which was affirmed on appeal to the Appellate Court for the First District. An appeal is now prosecuted to this court.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Frank Baker, Judge, presiding. Appellee brought suit on a policy of insurance issued by appellant, and recovered a judgment in the circuit court of Cook county for §1135, which was affirmed on appeal to the Appellate Court for the First District. An appeal is now prosecuted to this court. The evidence shows that at the time of issuing this policy the appellee was a manufacturer of spur wire machines for making fence wire, and his place of business was on the…
1Opinion of the CourtJustice Phillips
Where a policy of insurance is issued and a loss occurs within the terms of the policy that does not amount to the sum insured, the policy will still continue in force, and for a subsequent loss within its terms a recovery may be had, provided the sum recoverable may not, with that paid, exceed the amount insured by the terms of the policy. (Curry v. Commonwealth Ins. Co. 10 Pick. 535 ; Trull v. Roxbury Mutual Ins. Co. 3 Cush. 263; Crombie v. Portsmouth Mutual Ins. Co. 6 Fost. 389.) And where loss results by reason of successive fires, and no part is paid, the recovery to be had on the policy…
2Cases cited1 opinion
- Williamsburg City Fire Insurance v. CaryIllinois Supreme Court · 1876
3Cited by6 opinions
- Garcy Corporation v. Home Insurance CompanyCourt of Appeals for the Seventh Circuit · 1974
- New Hampshire Fire Ins. v. BolerWyoming Supreme Court · 1940
- American Central Ins. v. J. B. Henninger & Co.Appellate Court of Illinois · 1900
- Ciapanna v. Lincoln Fire InsuranceOregon Supreme Court · 1936
- Progress Spinning & Knitting Mills Co. v. Southern National InsuranceUtah Supreme Court · 1913
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