Wensel v. Property Mutual Insurance
Supreme Court of Iowa
Appeal from Marshall District Court.— Hon. C. W. Burn-ham, Judge. Action at law upon tivo policies of insurance issued by-defendant company for the aggregate of $4,000. Defense, breach of condition against additional or concurrent insurance and a claim' that in no event is plaintiff entitled to more than $1,000. Trial to the court without a jury, and judgment for plaintiff for $4,258.66, which, as we understand,. includes interest from the date of' fire. Defendant appeals.—
1Opinion of the CourtDeemer, J.
There is little or m> dispute as to the facts. They are practically embodied in an agreed statement upon which the case was submitted to the trial court. The policies in suit did not permit of additional or concur'rent insurance, save with the written consent of the defendant company, through its secretary. In the application for ■one of the policies, which was for $1,500, applicant made no response to inquiries as to what other insurance there was to be on the property insured, whether or not it was concurrent, in what company, and when it expired; and in the application for the other policy…
2Cases cited18 opinions
- Hastings v. . Westchester Fire Ins. Co.New York Court of Appeals · 1878
- George H. Fitchner & Co. v. Fidelity Mutual Fire Ass'nSupreme Court of Iowa · 1897
- East Texas Fire Insurance v. BrownTexas Supreme Court · 1891
- Hanover Fire Insurance v. B. C. Lewis & SonsSupreme Court of Florida · 1891
- Hagan v. Merchants & Bankers' InsuranceSupreme Court of Iowa · 1890
13 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Henry v. Southern Fire & Casualty CompanyCourt of Appeals of Tennessee · 1958
- Hully v. Aluminum Company of AmericaDistrict Court, S.D. Iowa · 1956
- Imperial Casualty & Indemnity Company, a Corporation v. Carolina Casualty Insurance CompanyCourt of Appeals for the Eighth Circuit · 1968
- Eckert v. Century Fire InsuranceSupreme Court of Iowa · 1910
- Funk v. Anchor Fire InsuranceSupreme Court of Iowa · 1915
8 more not listed; retrieve them via the Exa API.