Hinman v. Hartford Fire Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Columbia County. The action is on a policy issued by the defendant insurance company „to one Joseph L. Pickard, insuring him against loss or damage by fire to bis bop house and certain personal property therein. The insurance dated from August 22, 1871, and was for one month. On the 28th day of the same month the property was destroyed by fire.
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APPEAL from the Circuit Court for Columbia County. The action is on a policy issued by the defendant insurance company „to one Joseph L. Pickard, insuring him against loss or damage by fire to bis bop house and certain personal property therein. The insurance dated from August 22, 1871, and was for one month. On the 28th day of the same month the property was destroyed by fire. After the loss, Pickard assigned his claim on account thereof to the plaintiff, who brought this action, and recovered judgment for the value of the property destroyed. It was proved on the trial that Pickard made and…
1Opinion of the CourtLyon, J.
In the contract under consideration, as in all, or nearly all, modern contracts of insurance, there are two classes of stipulations: first, those relating to matters and things prior to the loss, and which define and determine the limits of the risk; and second, those which relate to matters and things occurring after the loss, and haying for their object to determine the mode in which the loss is to be established, adjusted and recovered. The former pertain to the circumstances which affect the risk itself, the latter to those acts required of the assured after a loss in order to fix the…
2Cases cited5 opinions
- Columbian Insurance Co. of Alexandria v. LawrenceSupreme Court of the United States · 1829
- Tyler v. Ætna Fire InsuranceNew York Supreme Court · 1834
- Franklin Fire Ins. v. CoatesCourt of Appeals of Maryland · 1859
- Locke v. North American InsuranceMassachusetts Supreme Judicial Court · 1816
- Birmingham v. Empire InsuranceNew York Supreme Court · 1864
3Cited by25 opinions
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
- Southern Fire Insurance v. KnightSupreme Court of Georgia · 1900
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Havens v. Home InsuranceIndiana Supreme Court · 1887
- Loventhal v. Home InsuranceSupreme Court of Alabama · 1895
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