Waller v. Northern Assurance Co.
Supreme Court of Iowa
Appeal from, Dubuque Circuit Court. These are actions at law to recover for money paid as premiums upon certain policies of insurance successively issued to plaintiff, tbe last one being held void, in an action thereon 'to recover for a loss, on the ground that the assured held but a mortgage interest in the property insured, while the policy was issued to him as the absolute owner.
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Appeal from, Dubuque Circuit Court. These are actions at law to recover for money paid as premiums upon certain policies of insurance successively issued to plaintiff, tbe last one being held void, in an action thereon 'to recover for a loss, on the ground that the assured held but a mortgage interest in the property insured, while the policy was issued to him as the absolute owner. The cause was tried to the court without a jury, and, upon facts found, judgment was rendered for the premiums paid upon the last policy. Plaintiff appeals. The same state of facts being involved in each case,…
1Opinion of the CourtBeck, J.
I. The district court made the following findings of facts:
“1. Plaintiff was the holder of the. legal and apparent title to the property in question, but in fact held the same only as security .fora debt due him from Gen. O. H. Booth, who, subject to said debt, was the equitable owner of the property.
“2. Such being the state of the title, plaintiff’s agent, Duncan, applied to defendant’s agent, Kiene, for $5,000 insurance on the property for plaintiff.
“3. I find no evidence establishing actual fraud on the part of plaintiff or his agent, in making said representation as to the title of said…
2Cases cited7 opinions
- Donath v. THE INSURANCE COMPANY OF NORTH AMERICASupreme Court of the United States · 1806
- Delavigne v. United InsuranceNew York Supreme Court · 1800
- Holmes v. United InsuranceNew York Supreme Court · 1801
- Murray v. Columbian InsuranceNew York Supreme Court · 1809
- Richards v. Marine InsuranceNew York Supreme Court · 1808
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Syndicate Ins. v. BohnCourt of Appeals for the Eighth Circuit · 1894
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Mechanics & Traders Insurance v. Mutual Real Estate & Blg. Ass'nSupreme Court of Georgia · 1896
- Summers v. Mutual Life Insurance Co. of New YorkWyoming Supreme Court · 1904
- American Mutual Life Insurance v. BertramIndiana Supreme Court · 1904
13 more not listed; retrieve them via the Exa API.