Bammessel v. Brewers' Fire Insurance Co. of America
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action upon a fire insurance policy, issued May 26, 1874, upon plaintiff’s dwelling house in the city of Oshkosh, insuring it to the amount of $700. The building was totally destroyed by fire.
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APPEAL from the Circuit Court for Winnebago County. Action upon a fire insurance policy, issued May 26, 1874, upon plaintiff’s dwelling house in the city of Oshkosh, insuring it to the amount of $700. The building was totally destroyed by fire. The complaint alleges that it was worth, at the time of such destruction, at least $700; that plaintiff duly performed all the conditions of the contract on his part; that he gave defendant due notice, and furnished it with proofs of the loss; that afterwards the question of damage was submitted by the parties to three arbitrators; that two of these…
1Opinion of the CourtCole, J.
The policy in this case was issued in May, 1874, after chapter 347, Laws of 1874, took effect. In Reilly et al. v. Franklin Ins. Co. [ante, p. 449], a construction was placed upon that statute. It was held that it made the amount of insurance written in the policy conclusive of the value of the property at the time of loss, and fixed that amount as the measure of damages. That decision really disposes of every material question in this case. The amount recovered here was less than the sum written in the policy, but that affords no ground for complaint on the part of the defendant. The case of…
2Cited by11 opinions
- Havens v. Germania Fire InsuranceSupreme Court of Missouri · 1894
- Dugger v. Insurance Co.Tennessee Supreme Court · 1895
- Seyk v. Millers' National InsuranceWisconsin Supreme Court · 1889
- Corcoran v. HarranWisconsin Supreme Court · 1882
- Cayon v. Dwelling House InsuranceWisconsin Supreme Court · 1887
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