Legal Opinion

Bonham v. Iowa Central Insurance

Supreme Court of Iowa

Decided July 23, 1868PublishedCited by 22 opinions

Appeal from, Madison District Court. Action upon a fire policy to recover for the loss, by fire, of the property insured. The property, which was destroyed by the fire, and the sums insured thereon, are described and set out in the policy as follows: “ Storehouse, $200; drygoods therein, $250; yanlcee notions, $150; groceries, $200; boots and shoes, $175; hardware, $25.” The. policy covered another building and other personal property.

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Appeal from, Madison District Court. Action upon a fire policy to recover for the loss, by fire, of the property insured. The property, which was destroyed by the fire, and the sums insured thereon, are described and set out in the policy as follows: “ Storehouse, $200; drygoods therein, $250; yanlcee notions, $150; groceries, $200; boots and shoes, $175; hardware, $25.” The. policy covered another building and other personal property. The application and description upon which the policy was issued, was referred to and made a part of the policy and “ a warranty by the assured ” by a…

1Opinion of the CourtBeck, J.

l. insurance : over-valuation. I. The defendant moved the court below for judgment on the special verdict of the jury because it is inconsistent with the general verdict, and gnc]g fac(-s wlxiClx defeat plaintiff’s right to recover.

■ This motion was overruled; and this ruling is assigned for error. It is claimed by defendant, that, by the special verdict, it appears that plaintiff made such false representations and over-valuations of the property as by its terms avoided the policy. The jury find the building to be of the value of $200.

The application of plaintiff fixed its value at $300.…

2Cited by22 opinions

  1. Loventhal v. Home InsuranceSupreme Court of Alabama · 1895
  2. Read & Traversy v. State InsuranceSupreme Court of Iowa · 1897
  3. Mershon v. National InsuranceSupreme Court of Iowa · 1871
  4. Fishbaugh v. SpunaugleSupreme Court of Iowa · 1902
  5. O'Leary Bros. v. German-American InsuranceSupreme Court of Iowa · 1896

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