Seubert v. Fidelity-Phenix I. Co.
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Ludwig Seubert against the Fidelity-Rhenix Insurance Company of New York. From a judgment for plaintiff, defendant appeals. Did the insured building “be or become vacant or unoccupied and so remain for ten days” prior to the fire? “The policy in this case conforms strictly to the statutory lequirements.
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Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Ludwig Seubert against the Fidelity-Rhenix Insurance Company of New York. From a judgment for plaintiff, defendant appeals. Did the insured building “be or become vacant or unoccupied and so remain for ten days” prior to the fire? “The policy in this case conforms strictly to the statutory lequirements. “This policy therefore becomes both the contract and the law governing both the rights and duties of each of the parties to the contract. ■“It follows that every provision and condition of the contract should…
1Opinion of the CourtCorson, J.
This is an appeal by the defendant from a judgment entered in favor of the plaintiff, and from the order denying a new trial. The action was institutéd by the plaintiff to recover the sum of $1,000 upon a policy of insutance issued by the defendant upon a certain dwelling house in the city of-Sioux Falls, which was totally destroyed by fire. The complaint is in the usual form, and the only defense interposed by the defendant is that the house became “vacant or unoccupied,” and remained so for 10 days within the meaning of the clause in the standard South Dakota fire insurance form which…
2Cases cited8 opinions
- Woodruff v. Imperial Fire Insurance Co. of London, EnglandNew York Court of Appeals · 1880
- Continental Insrance Co. of New York City v. KyleIndiana Supreme Court · 1890
- Shackelton v. Sun Fire OfficeMichigan Supreme Court · 1884
- Imperial Fire Ins. v. KiernanCourt of Appeals of Kentucky · 1885
- Limburg v. German Fire InsuranceSupreme Court of Iowa · 1894
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