Hiles v. Hanover Fire Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. The facts will sufficiently appear from the opinion. They contended, inter alia, that as the proofs of loss were received as evidence without objection, they were competent for all purposes in the action. Bonner v. Some Ins. Co. 13 Wis. 6YY; Ili/nclcen v. Mut. Ben. Ins. Co. 50 N. T. 65Y; Moore v. Protection Ins. Co. 29 Me. 9Y; Jones v. Mechanics' F. Ins. Co. 36 N. J. Law, 29; N. A. Ins.
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APPEAL from the Circuit Court for Fond du Lao County. The facts will sufficiently appear from the opinion. They contended, inter alia, that as the proofs of loss were received as evidence without objection, they were competent for all purposes in the action. Bonner v. Some Ins. Co. 13 Wis. 6YY; Ili/nclcen v. Mut. Ben. Ins. Co. 50 N. T. 65Y; Moore v. Protection Ins. Co. 29 Me. 9Y; Jones v. Mechanics' F. Ins. Co. 36 N. J. Law, 29; N. A. Ins. Co. v. Zaenger, 63 Ill. 464; Wood on Ins. Y09, sec. 415.
1Opinion of the CourtOetou, J.
This suit ivas brought by the respondents to recover a certain proportion of the loss by fire of certain property insured by the appellant company, and which same property was insured by certain other companies. There were divers defenses, among which were that the insured had misrepresented the amount of property in the place where it was insured and burned, in procuring the insurance and in the proofs of loss; and in connection with this defense the defendant, in its answer, made this allegation: “The defendant denies that said plaintiffs, by the fire in question, sustained an actual loss…
2Cases cited10 opinions
- Citizens' Fire Insurance, Security & Land Co. v. DollCourt of Appeals of Maryland · 1872
- Knickerbocker Insurance v. GouldIllinois Supreme Court · 1875
- Newmark v. Liverpool & London Fire & Life InsuranceSupreme Court of Missouri · 1860
- Bonner v. Home Insurance Co.Wisconsin Supreme Court · 1861
- Jones v. . Brooklyn Life Ins. Co.New York Court of Appeals · 1874
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- Aetna Insurance v. KleinTexas Supreme Court · 1959
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- Kisting v. Westchester Fire Insurance CompanyDistrict Court, W.D. Wisconsin · 1968
- Foster v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1898
- McGowan v. Supreme Court of the Independent Order of ForestersWisconsin Supreme Court · 1899
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