Glade v. Germania Fire Ins.
Supreme Court of Iowa
Appeal from Jackson District Court. Action upon a joint policy of fire insurance made to the plaintiff by the defendants, the Germania Fire Ins. Co. and the Hanover Fire Ins. Co. The defendants, for answer, admit the issuance of the policy, and the destruction by fire of the property insured, but they aver that the plaintiff fraudulently caused the property to be burned.
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Appeal from Jackson District Court. Action upon a joint policy of fire insurance made to the plaintiff by the defendants, the Germania Fire Ins. Co. and the Hanover Fire Ins. Co. The defendants, for answer, admit the issuance of the policy, and the destruction by fire of the property insured, but they aver that the plaintiff fraudulently caused the property to be burned. They further aver that in the application upon which the policy was issued the plaintiff, in answer to a question as to the amount of a mortgage upon the property, stated that it was $3,000, whereas it in fact largely…
1Opinion of the Court
Adams, Ch. J.
i.insurance: misrepresent tafcioninapplication : illcumbrance. The mortgage upon the property, it appears, amounted to $4,425, being $1,425 more than the amount stated in the application. The defendants , . asked an instruction m these words: “ii the mry J J believe from the evidence that at the time the plaintiff was procuring the policy of insurance on which this suit is founded he represented to the defendants that a mort*401gage on the property which is insured under said policy then amounted to about $3,000, and that the defendants relying upon such representation issued said…
2Cited by5 opinions
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- Smith v. American Automobile InsuranceMissouri Court of Appeals · 1915
- Seal v. Farmers & Merchants InsuranceNebraska Supreme Court · 1899
- Cerys v. State InsuranceSupreme Court of Minnesota · 1898
- Erickson v. BastianUtah Supreme Court · 1940