Schilbrch v. Inter-Ocean Casualty Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Marathon county: A. H. Reid, Circuit Judge. Action by the insured to collect payments alleged to be due according to the terms of an oral agreement for accident insurance.
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Appeal from a judgment of the circuit court for Marathon county: A. H. Reid, Circuit Judge. Action by the insured to collect payments alleged to be due according to the terms of an oral agreement for accident insurance. On October 26, 1921, plaintiff paid $9.60 to defendant’s agent and received the following receipt: “Application fee, $3. . Required premium, $6.90. Received of Ben Schilbrch an application for a policy in the Inter-Ocean Casualty Company, the first required premium and the application fee above specified. Should the company decline to issue the policy applied for, I do hereby…
1Opinion of the CourtJones, J.
The question here involved is whether in this state oral contracts lor accident and health insurance are valid. In a careful and able opinion the trial judge came to the conclusions (1) that at common law such contracts maybe legally made, and (2) that there is no statute in Wisconsin changing the rule.
With the first conclusion we fully agree. In the early stages of insurance contracts they were generally made by parol, but as they became more numerous and complicated, to avoid the misunderstandings which frequently arose resort was had to written contracts, and they have gradually so…
2Cases cited10 opinions
- Hicks v. British America Assurance Co.New York Court of Appeals · 1900
- Massachusetts Bonding Ins. Co. v. VanceSupreme Court of Oklahoma · 1918
- Sanford v. Orient InsuranceMassachusetts Supreme Judicial Court · 1899
- Kino v. Phoenix InsuranceSupreme Court of Missouri · 1906
- Lundberg v. Interstate Business Men's Accident Ass'nWisconsin Supreme Court · 1916
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Douglass v. Mutual Ben. Health & Accident Ass'nNew Mexico Supreme Court · 1937
- Terry v. Mongin Insurance AgencyWisconsin Supreme Court · 1982
- Kiviniemi v. American Mutual Liability InsuranceWisconsin Supreme Court · 1930
- Milwaukee Bedding Co. v. GraebnerWisconsin Supreme Court · 1923
- Field v. Missouri Life Ins. Co.Utah Supreme Court · 1930
8 more not listed; retrieve them via the Exa API.