Zalesky v. Home Insurance Co.
Supreme Court of Iowa
Appeal from Benton District Court. — HoN. Obed Caswele, J udge. ActioN on a policy of fire insurance. Judgment for plaintiff, and the defendant appealed.
1Opinion of the CourtGranger, J.
— I. This is the second appeal of this case. See 102 Iowa, 613, for former opinion. The opinion on the former appeal presents the facts. The policy contains a provision for appraisement in case of loss. Defendant-made a demand for án appraisement, under the terms of the policy, before the commencement of the suit, which was, in effect, declined by plaintiff, and it is now urged that an appraisement was a condition precedent to a right of action. Appellee urges that the provision of the policy is abrogated by chapter 211, Acts Eighteenth General Assembly, section 3 of which is *342made, in effect,…
2Cases cited7 opinions
- Havens v. Germania Fire InsuranceSupreme Court of Missouri · 1894
- Reilly v. Franklin Insurance Co. of St. LouisWisconsin Supreme Court · 1877
- German Insurance v. EddyNebraska Supreme Court · 1893
- Zalesky v. Home InsuranceSupreme Court of Iowa · 1897
- Martin v. Capital InsuranceSupreme Court of Iowa · 1892
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3Cited by3 opinions
- Vincent v. Germah InsuranceSupreme Court of Iowa · 1903
- Zalesky v. Home InsuranceSupreme Court of Iowa · 1901
- Knapp v. Brotherhood of American YeomanSupreme Court of Iowa · 1908