John R. Davis Lumber Co. v. Scottish Union & National Insurance
Wisconsin Supreme Court
Appeals from judgments of the circuit court for Price county: John IL Parish, Circuit Judge. Action on alleged verbal agreements to insure property owned by plaintiff against loss by fire. The answers put in issue the making of the contracts. The evidence shows that E. W. Winchester, an insurance agent at Phillips, Wisconsin, received an application for insurance on plaintiff’s property.
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Appeals from judgments of the circuit court for Price county: John IL Parish, Circuit Judge. Action on alleged verbal agreements to insure property owned by plaintiff against loss by fire. The answers put in issue the making of the contracts. The evidence shows that E. W. Winchester, an insurance agent at Phillips, Wisconsin, received an application for insurance on plaintiff’s property. He applied to John West, at Oshkosh, to place a part of such insurance, giving him a form of policy, specifying the items of property and rate of insurance. On the 18th day of June, 1894, West applied to…
1Opinion of the CourtMaeshall, J.
A binding verbal contract of insurance may be made without the payment of any premium, or even the making of any report, to the insurance company. That has been repeatedly decided by this court. Zell v. Herman F. M. Ins. Co. 75 Wis. 521; Campbell v. Am. F. Ins. Co. 73 Wis. 100. But, to make such a contract, there must be a meeting of minds between the parties thereto, so as to leave nothing to be done thereafter but to execute it as made. There must be an application, though not necessarily in writing. The terms and property must be specified. If the application be made to an agent…
2Cases cited6 opinions
- Eames v. Home InsuranceSupreme Court of the United States · 1877
- Campbell v. American Fire Insurance Co. of PhiladelphiaWisconsin Supreme Court · 1888
- King v. Hekla Fire InsuranceWisconsin Supreme Court · 1883
- Zell v. Herman Farmers' Mutual InsuranceWisconsin Supreme Court · 1890
- Sheldon v. Hekla Fire InsuranceWisconsin Supreme Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Employers Fire Insurance v. SpeedMississippi Supreme Court · 1961
- Kiviniemi v. American Mutual Liability InsuranceWisconsin Supreme Court · 1930
- Hopkins v. Phoenix Fire InsuranceCourt of Appeals of Kentucky · 1923
- Shawnee Mut. Fire Ins. Co. v. McClureSupreme Court of Oklahoma · 1913
- Fulmer v. London, Liverpool Globe F. Ins. Co.Supreme Court of South Carolina · 1934
12 more not listed; retrieve them via the Exa API.