Northwestern Mutual Life Insurance v. Germania Fire Insurance
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. Action upon a policy of insurance issued by the defendant and another company, by which each company severally insured one George "Winans against loss or damage by fire on his hotel building in the city of Chippewa Falls, for one year, to the amount of one-half of $6,000. The policy commenced to run January 1, 1874. It contains the following clauses: “ Loss, if any, payable to E. Hoyt and Northwestern Life Ins.
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APPEAL from tbe Circuit Court for Milwaukee County. Action upon a policy of insurance issued by the defendant and another company, by which each company severally insured one George "Winans against loss or damage by fire on his hotel building in the city of Chippewa Falls, for one year, to the amount of one-half of $6,000. The policy commenced to run January 1, 1874. It contains the following clauses: “ Loss, if any, payable to E. Hoyt and Northwestern Life Ins. Co., as their interests shall appear.” “ Permission is granted to light the premises with gasoline. Gas-blower and generator to be…
1Opinion of the CourtLyon, J.
I. It is argued by the learned counsel for the defendant company, that the clause in the policy in suit which provides that the loss, if any, shall be payable to the “ Northwestern Life Insurance Co." and another, fails to confer upon the plaintiff any right to maintain an action on the policy, or any interest therein, because its name is “ The Northwestern Mutual Life Ins. Co.” The position is exceedingly technical, and we think not well taken. There is not the slightest doubt that the parties to the policy inserted the clause for the benefit of the plaintiff. The omission of the word Mutual…
2Cases cited2 opinions
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- Webster v. Phœnix InsuranceWisconsin Supreme Court · 1874
3Cited by23 opinions
- Hollis v. State InsuranceSupreme Court of Iowa · 1884
- Oshkosh Gas Light Co. v. Germania Fire InsuranceWisconsin Supreme Court · 1888
- Cannon v. Home Insurance Company of New YorkWisconsin Supreme Court · 1881
- Fraser v. Ætna Life Insurance Co.Wisconsin Supreme Court · 1902
- Fire Insurance Companies v. FelrathSupreme Court of Alabama · 1884
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