Miner v. Phœnix Insurance
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Walworth County. On the 7th of November, 1866, the defendant company, by one Bulkley, its local agent at Elkhorn, in this state, issued a policy of insurance for one year from that date upon certain property in said village of Elkhorn.
Read the full summary
APPEAL from tbe Circuit Court for Walworth County. On the 7th of November, 1866, the defendant company, by one Bulkley, its local agent at Elkhorn, in this state, issued a policy of insurance for one year from that date upon certain property in said village of Elkhorn. The policy states that the company thereby “ do insure Robert Richmond, of La Fayette, against loss or damage by fire to the amount of $800 ;” and after describing the property, adds : “ Loss, if any, payable to EL C. Wylie and N. Miner, mortgagees.” The policy contained' the following among other conditions: “ If the property…
1Opinion of the CourtDixon, C. J.
The policy sued upon contained the usual condition found in such instruments, that “ if the property be sold or transferred, or any change take place in title or possession, whether by legal process or judicial decree, or voluntary transfer or conveyance, * * * then * * * this policy shall be voidand the sole question in this case is, whether the agent of the company was authorized to waive and did waive this condition, by accepting the *696premium and issuing and delivering the renewal receipt with knowledge at the time that the property had been sold and the title changed.
The premium was paid…
2Cases cited18 opinions
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
- Plumb v. . Cattaraugus Co. Mutual Insurance Company.New York Court of Appeals · 1858
- Hough v. City Fire InsuranceSupreme Court of Connecticut · 1860
- Sheldon v. . the Atlantic Fire and Marine Insurance Co.New York Court of Appeals · 1863
13 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Masonic Mutual Benefit Ass'n v. BeckIndiana Supreme Court · 1881
- Kausal v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1883
- Liverpool & London & Globe Insurance v. EndeTexas Supreme Court · 1885
- Gans v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1877
- American Central Ins. v. McLanathanSupreme Court of Kansas · 1873
31 more not listed; retrieve them via the Exa API.