Summers v. Des Moines Insurance
Supreme Court of Iowa
Appeal from Wayne District Court.- — Hon. H. M. Towner, Judge. Action to recover, upon a policy of insurance against loss or damage by fire, for a loss tbat occurred November 12, 1898. The policy set out provides that it shall be void “if the premium be not paid when due.” Defendant answered, admitting that, but for the defense set up in count 2, plaintiff would be entitled to recover the amount of said loss.
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Appeal from Wayne District Court.- — Hon. H. M. Towner, Judge. Action to recover, upon a policy of insurance against loss or damage by fire, for a loss tbat occurred November 12, 1898. The policy set out provides that it shall be void “if the premium be not paid when due.” Defendant answered, admitting that, but for the defense set up in count 2, plaintiff would be entitled to recover the amount of said loss. In count 2 defendant alleges that the premium for said policy, $18, was not paid when the policy was issued, that plaintiff executed to defendant his promissory note therefor, due on or…
1Opinion of the Court
Given, C. J. —
I. Section 174:1 of the Code provides as follows: “All insurance companies dr associations shall, upon the issue or renewal of any policy, attach to such policy, or indorse thereon, a true copy of any application or representation of the assured which, by the terms of such policy, are made a part thereof, or of the contract of insurance, or referred to therein, or which may in any manner affect the validity of such policy. The omission so to do shall not render the policy invalid, but if any company or association neglects to comply with the requirements of this section it shall…
2Cases cited2 opinions
- Lewis v. Burlington Ins.Supreme Court of Iowa · 1887
- Lewis v. Burlington InsuranceSupreme Court of Iowa · 1890
3Cited by7 opinions
- Commercial Ins. Co. of Newark v. BurnquistDistrict Court, N.D. Iowa · 1952
- Wilson v. Royal Union Mutual Life InsuranceSupreme Court of Iowa · 1908
- Robey v. State InsuranceSupreme Court of Iowa · 1910
- Nolte v. Security InsuranceSupreme Court of Iowa · 1929
- Keller v. North American Life InsuranceAppellate Court of Illinois · 1921
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