People's Savings Bank v. Retail Merchants Mutual Fire Ass'n
Supreme Court of Iowa
Appeal from Polk District Court.- — Hon. Jesse A. Miller, Judge. Action to recover for a loss under a fire insurance policy taken out by the mortgagor with a clause attached making the loss payable to plaintiff as mortgagee. There was a directed- verdict for the plaintiff, and, from judgment on such' verdict, defendant appeals.
1Opinion of the CourtMcClain, J.
The policy sued on insured one F. A. French, a member in the defendant association, against loss by fire to the extent of $3,000 on the property described. In the'application which French made, and which was incorporated into the policy, it was stated that French was the sole and undisputed owner of the property, and it was stipulated that the policy should be void if the “interest of the insured be other than unconditional and sole ownership, or if the subject of the insurance be a building-on ground not owned by the insured in ,fee simple, . . or if any change other than the death of the…
2Cases cited6 opinions
- Hastings v. . Westchester Fire Ins. Co.New York Court of Appeals · 1878
- Syndicate Ins. v. BohnCourt of Appeals for the Eighth Circuit · 1894
- Hanover Fire Insurance v. BohnNebraska Supreme Court · 1896
- Phenix Insurance v. Omaha Loan & Trust Co.Nebraska Supreme Court · 1894
- Baldwin v. German InsuranceSupreme Court of Iowa · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hoosier Cas. Co. of Indianapolis, Ind. v. FoxDistrict Court, N.D. Iowa · 1952
- Lopez v. TownsendNew Mexico Supreme Court · 1938
- B. L. Asso. v. Fire Ins. Co.West Virginia Supreme Court · 1928
- Meader v. Farmers' Mutual Fire Relief Ass'nOregon Supreme Court · 1931
- Union Trust Co. v. Philadelphia Fire & Marine Ins.Supreme Judicial Court of Maine · 1929
8 more not listed; retrieve them via the Exa API.