Wilson v. Farmers' Mutual Fire Insurance
Michigan Supreme Court
Error to Lenawee; Chester, J. Assumpsit by Horatio L. Wilson and another against the Farmers’ Mutual Fire Insurance Company on a policy of insurance. There was judgment for plaintiffs, and defendant brings error. The policy of insurance was issued upon the written application of the plaintiffs September 4, 1897; they becoming members of the defendant company.
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Error to Lenawee; Chester, J. Assumpsit by Horatio L. Wilson and another against the Farmers’ Mutual Fire Insurance Company on a policy of insurance. There was judgment for plaintiffs, and defendant brings error. The policy of insurance was issued upon the written application of the plaintiffs September 4, 1897; they becoming members of the defendant company. In August, 1903, additional insurance on the dwelling and its contents was arranged for and necessary changes made in the policy. Descriptions of property insured and amounts for which insured are here given: On frame house 26x30, 15x20,…
1Opinion of the CourtOstrander, J.
(after stating the facts). It will be observed that the personal property is not described otherwise than by its location. The contents of a barn or of barns, on a farm, unlike the barn or barns, are not permanent, and the risk assumed by the insurer is not limited to the contents at the time the policy is issued. It is the general rule that place and location are of the essence of a risk, especially when the property insured is not described otherwise than by location. The policy in question differs slightly from the one considered in Benton v. Insurance Co., 102 Mich. 281 (26 L. R. A. 237).…
2Cases cited1 opinion
- Benton v. Farmers' Mutual Fire InsuranceMichigan Supreme Court · 1894
3Cited by1 opinion
- Depaola v. Nat. Ins. Co., Humboldt Ins. Co.Supreme Court of Rhode Island · 1915