E. H. Emery & Co. v. American Insurance
Supreme Court of Iowa
Appeal from Wapello District Com-rt. — Francis M. Hunter, Judge. This action was brought by plaintiff, a copartnership, against the defendant, to recover upon a policy of insurance the sum of $708.53, with interest, for damage by fire which occurred on the 7th day of August, 1912, by the destruction of property described in the policy. A jury was waived and the case tried to the court upon an agreed statement of facts, with a small amount of oral testimony.
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Appeal from Wapello District Com-rt. — Francis M. Hunter, Judge. This action was brought by plaintiff, a copartnership, against the defendant, to recover upon a policy of insurance the sum of $708.53, with interest, for damage by fire which occurred on the 7th day of August, 1912, by the destruction of property described in the policy. A jury was waived and the case tried to the court upon an agreed statement of facts, with a small amount of oral testimony. The court held that there was no concurrent insurance which covered any part of the property described in the defendant’s policy, and…
1Opinion of the CourtPreston, J.
The petition declared upon a policy in defendant company which covered the property hereinafter described. The answer admitted the issuance of the policy, the fire and the destruction of the property of the kind described, to the amount claimed, to wit, $708.53. No question as to the validity of the policy, the occurrence of the fire, nor proofs of loss, nor amount of loss, is involved. The defense set up in the answer is that defendant was a concurrent insurer upon a portion of the property described and destroyed by fire, and that, to the extent that it was a concurrent insurer, it was only…
2Cases cited56 opinions
- Insurance Co. v. MowrySupreme Court of the United States · 1878
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Ware v. AllenSupreme Court of the United States · 1888
- Lumber Underwriters of NY v. RifeSupreme Court of the United States · 1915
- Blackwood v. Cutting Packing Co.California Supreme Court · 1888
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3Cited by14 opinions
- Iowa Electric Co. v. Home InsuranceSupreme Court of Iowa · 1945
- Neuman v. Travelers Indemnity Co.Court of Appeals of Maryland · 1974
- State v. CusickSupreme Court of Iowa · 1957
- Williams v. Northern Natural Gas CompanyDistrict Court, N.D. Iowa · 1955
- Levy v. American Mutual Liability InsuranceCourt of Appeals of Maryland · 1950
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