Garretson v. Merchants & Bankers' Insurance
Supreme Court of Iowa
Appeal from PoTk District Court. — Hon. Marcus Kavanagh, Jr., Judge. Action upon a policy of insurance. There was a judgment upon a verdict for plain Lili from wnioii tl:o defendant appeals.
1Opinion of the CourtBeck, J.
1- -“poRoy oonstruotion I. The policy sued on contains a condition against the use of gasoline, or other similar material, or gas produced therefrom, and Provicüng that a disregard of the prohibi-^011 shall void the policy. The evidence shows, without contradiction, that at the time of the fire a gasoline stove was in use in the room of the house where the fire originated, and a gallon of gasoline was at that time in the tank of the stove. The plaintiff claims that the forfeiture of the policy by reason of this breach of its condition was waived by reason of the alleged existence of these…
2Cases cited2 opinions
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Armstrong v. State Ins.Supreme Court of Iowa · 1883
3Cited by16 opinions
- Swift Co. v. . TempelosSupreme Court of North Carolina · 1919
- Kirkman v. Farmers' InsuranceSupreme Court of Iowa · 1894
- Liquid Carbonic Acid Manufacturing Co. v. Phœnix Insurance Co. of LondonSupreme Court of Iowa · 1904
- DeBolt v. German American InsuranceSupreme Court of Iowa · 1917
- Warshawky v. Anchor Mutual Fire InsuranceSupreme Court of Iowa · 1896
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