Welch v. Fire Ass'n of Philadelphia
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas county: Chakles Shith, Judge. Action to recover on a fire insurance policy. The complaint was in the usual form. The policy was issued April 5, 1902, to run three years. It was in the standard form. The insurance was $500 on plaintiffs house and $200 on his personal property therein.
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Appeal from a judgment of the superior court of Douglas county: Chakles Shith, Judge. Action to recover on a fire insurance policy. The complaint was in the usual form. The policy was issued April 5, 1902, to run three years. It was in the standard form. The insurance was $500 on plaintiffs house and $200 on his personal property therein. The fire occurred August 12, 1902. Proofs of loss were furnished defendant November 11th thereafter*. The amount sought to be recovered is $500. Defendant answered claiming a forfeiture for noncompliance with a- condition of the policy requiring proofs of…
1Opinion of the CourtMaeshaul, J.
A decision in appellant’s favor of one or more of these questions would require a reversal: (1) Was the person who procured the policy for respondent, delivered the same to him, received the premium therefor and paid it to appellant through its agents, Loney & Peekham, its general agent under the laws of this state ? (2) If he was such agent, so that his knowledge of the true character of respondent’s title must' be deemed equivalent to knowledge thereof' by appellant, can the latter yet defeat his claim because of the forfeiture clause respecting the title to the subject of insurance being…
2Cases cited31 opinions
- Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Dowling v. Lancashire InsuranceWisconsin Supreme Court · 1896
- Wood v. . American Fire Ins. Co.New York Court of Appeals · 1896
- Forward v. Continental InsuranceNew York Court of Appeals · 1894
26 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- American Fire Insurance v. King Lumber & Manufacturing Co.Supreme Court of Florida · 1917
- Mercer v. Germania Ins.Oregon Supreme Court · 1918
- Western Nat. Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- Connecticut Fire Insurance v. Colorado Leasing, Mining & Milling Co.Supreme Court of Colorado · 1911
- Leisen v. St. Paul Fire & Marine InsuranceNorth Dakota Supreme Court · 1910
45 more not listed; retrieve them via the Exa API.