Den Hartog v. Home Mutual Insurance Ass'n of Iowa
Supreme Court of Iowa
Appeal from Marion District Court. — Harry S. Dugan,' Judge. Suit in equity, to- correct a statement in application for a fire insurance policy, and praying that the application be so reformed as to recite the true-intent of the parties and insure both plaintiffs Den Hartog and Neal Jabaai as owners of the property, instead of insuring only Gerrit Den Hartog. .Decree was entered reforming the contract, and judgment was entered under the reformed contract for damages…
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Appeal from Marion District Court. — Harry S. Dugan,' Judge. Suit in equity, to- correct a statement in application for a fire insurance policy, and praying that the application be so reformed as to recite the true-intent of the parties and insure both plaintiffs Den Hartog and Neal Jabaai as owners of the property, instead of insuring only Gerrit Den Hartog. .Decree was entered reforming the contract, and judgment was entered under the reformed contract for damages sustained by destruction of a dwelling house by fire. Defendant appeals. —
1Opinion of the CourtArtiiuR, C. J.
I. The main and controlling’ proposition in the case is what ivas the intent of the parties, and whether or not the policy of insurance should be reformed. Other questions are subsidiary to the main question.
The property which was destroyed by fire was owned jointly by plaintiffs Den Hartog and Neal Jábaai. The policy in question insured the property in the name of Den Hartog as *144sole owner. Plaintiffs’ claim is that the policy failed to express the true contract between the parties; that the intention of the parties was to insure both Den Hartogand Jabaai as owners of the property; and that,…
2Cases cited10 opinions
- Pfiester v. Missouri State Life InsuranceSupreme Court of Kansas · 1911
- George H. Fitchner & Co. v. Fidelity Mutual Fire Ass'nSupreme Court of Iowa · 1897
- Stone v. Hawkeye Ins.Supreme Court of Iowa · 1886
- Jamison v. State InsuranceSupreme Court of Iowa · 1892
- Dodge v. Grain Shippers' Mutual Fire InsuranceSupreme Court of Iowa · 1916
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Field v. Missouri Life Ins. Co.Utah Supreme Court · 1930
- Quinn v. Mutual Benefit Health & Acc. Ass'n of OmahaSupreme Court of Iowa · 1952
- Lankhorst v. Union Fire InsuranceSupreme Court of Iowa · 1945
- Rubinson v. North American Accident InsuranceNebraska Supreme Court · 1933
- Flimin's Administratrix v. Metropolitan Life InsuranceCourt of Appeals of Kentucky (pre-1976) · 1934
11 more not listed; retrieve them via the Exa API.