Ranspach v. Teutonia Fire Insurance
Michigan Supreme Court
Error to Wayne; Hosmer, J. Assumpsit by Charles C. J. Ranspach against the Teutonia Fire Insurance Company on a policy of insurance. From a judgment for plaintiff, defendant brings error. One Dillon obtained an insurance policy in the defendant company upon a dwelling house situated upon his land.
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Error to Wayne; Hosmer, J. Assumpsit by Charles C. J. Ranspach against the Teutonia Fire Insurance Company on a policy of insurance. From a judgment for plaintiff, defendant brings error. One Dillon obtained an insurance policy in the defendant company upon a dwelling house situated upon his land. The policy was the usual Michigan standard policy, and provided that it should be void “if .the building herein described, whether intended for occupancy by owner or tenant, be or become vacant or unoccupied, and so remain for 10 days.” It further provided that all waivers of the conditions should…
1Opinion of the CourtGrant, J.
(after stating the facts). We think the court should have directed a verdict for the defendant. Plaintiff accepted the policy subject to all its terms and conditions. He knew, or must be held to have known, that the policy would be void if the house remained vacant beyond 10 days. Even if the agent had been told that the house was vacant at the time of the assignment, this did not make a new contract to keep the property insured beyond the 10 days of vacancy. The proposition is too plain to require further argument or citation of authorities.
Judgment reversed, and no new trial ordered.
The…
2Cited by6 opinions
- Kentucky Vermillion Mining & Concentrating Co. v. Norwich Union Fire Ins. Soc.Court of Appeals for the Ninth Circuit · 1906
- Rauch v. Michigan Millers' Mutual Fire-InsuranceMichigan Supreme Court · 1902
- Home Insurance v. North Little Rock Ice & Electric Co.Supreme Court of Arkansas · 1908
- Blass v. Agricultural InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
- Sutherland v. Eureka Fire & Marine InsuranceMichigan Supreme Court · 1896
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