Legal Opinion

Cooper v. German-American Insurance

Supreme Court of Minnesota

Decided October 27, 1905No. Nos. 14,456—(56)PublishedCited by 6 opinions

Action in the district court for Clay county to recover $1,000 upon a fire insurance policy. Defendant denied liability on the ground that, without its consent, the insured property had been removed to a more hazardous location. The case was tried before Dibell,- J., and a jury which rendered a verdict in favor of plaintiff for $965.25. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

1Opinion of the CourtLewis, J.

The question upon this appeal is whether the evidence was sufficient to justify the jury in finding that the company consented to the change in location of certain insured goods and agreed to transfer the policy,, and whether, being oral, such agreement was binding on the company.

The policy contained a provision that it should be void

If the assured now has or shall hereafter make any other insurance on the said property without the assent of the company, or if without such assent the property shall be removed, * * • * or if without such assent the situation or circumstances affecting the…

2Cases cited2 opinions

  1. Williamsburg City Fire Insurance v. CaryIllinois Supreme Court · 1876
  2. Pollock v. German Fire-InsuranceMichigan Supreme Court · 1901

3Cited by6 opinions

  1. Kor v. American Eagle Fire InsuranceNebraska Supreme Court · 1920
  2. Mayfield v. North River InsuranceNebraska Supreme Court · 1931
  3. Hulen v. National Fire InsuranceSupreme Court of Kansas · 1909
  4. Weston v. American InsuranceMissouri Court of Appeals · 1915
  5. Lauhoff v. Automobile Ins. Co. of Hartford, Conn.District Court, E.D. Illinois · 1944

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