Hopkins v. Hawkeye Insurance
Supreme Court of Iowa
Appeal from Hardin Circuit Court. This is an action upon a policy of insurance to recover the value of a dwelling house and its contents insured by the defendant for a term of five years from the 7thday of May, 1878, and destroyed by fire on the 8th day of April, 1879. The plaintiff alleges that as the assured under said policy he has in all things performed his agreement with the defendant.
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Appeal from Hardin Circuit Court. This is an action upon a policy of insurance to recover the value of a dwelling house and its contents insured by the defendant for a term of five years from the 7thday of May, 1878, and destroyed by fire on the 8th day of April, 1879. The plaintiff alleges that as the assured under said policy he has in all things performed his agreement with the defendant. The answer admits the issuance of the policy and the destruction of the building, but alleges that the entire premium for the issuance of said policy was two promissory notes, one for the sum of $20, due…
1Opinion of the CourtDay, J.
I. The policy sued upon contains the following condition: “That no insurance, whether original or continued, shall be binding until the actual payment of the premium, either in cash or note given therefor. When a note or notes has been received, in whole or in part, for the premium named in this policy, or any renewal of the same, and the assured or his assigns fail to pay the same, or any installment, or any part thereof, at the time or times specified in said note, such failure shall immediately terminate all liability of this company under this policy. And the company shall not in any case…
2Cases cited6 opinions
- McCormack v. MolburgSupreme Court of Iowa · 1876
- Walker v. EbertWisconsin Supreme Court · 1871
- Nebeker v. CutsingerIndiana Supreme Court · 1874
- Rogers v. PlaceIndiana Supreme Court · 1868
- Taylor v. AtchisonIllinois Supreme Court · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Turner v. Zip Motors, Inc.Supreme Court of Iowa · 1954
- Bean v. BickleySupreme Court of Iowa · 1919
- State v. SellersSupreme Court of Iowa · 1977
- Green v. WilkieSupreme Court of Iowa · 1896
- Gulliher v. C., R. I. & P. R.Supreme Court of Iowa · 1882
12 more not listed; retrieve them via the Exa API.