Merrett v. Farmers' Insurance
Supreme Court of Iowa
Appeal from Johnson District Court. Action upon a policy of insurance. The cause was tried to the court without a jury, and a judgment rendered for plaintiff. Defendant appeals. One who has an insurable interest in property destroyed can recover only the value of such interest. (Niblo v. JSÍ. A. Ins. Co., 1 Sandf., S. C., 556; Carpenter v. 'Prov. Wash. Ins. Co., 16 Pet., 501; Sussex Co. Mut. Ins.
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Appeal from Johnson District Court. Action upon a policy of insurance. The cause was tried to the court without a jury, and a judgment rendered for plaintiff. Defendant appeals. One who has an insurable interest in property destroyed can recover only the value of such interest. (Niblo v. JSÍ. A. Ins. Co., 1 Sandf., S. C., 556; Carpenter v. 'Prov. Wash. Ins. Co., 16 Pet., 501; Sussex Co. Mut. Ins. Co. v. Wood/mff, 2 •Dutch, 541.) A stockholder can recover for injury to the corporate property no more than the actual loss sustained. ( Warner v. Dm. Fire Ins. Co., 31 Iowa, 470.) If one would…
1Opinion of the CourtBeck, J.
-f-The policy of insurance upon which suit is brought is against loss, by fire and covers a dwelling and barn, and certain enumerated articles of personal property. The dwelling and a part of the personal property were destroyed by fire, and, to recover the loss, this action is brought. The first qutestion presented in the case is this: Was plaintiff's interest in the house burned, insurable?
The house was occupied by plaintiff and his wife as a homestead. It was built by the wife upon land in which she held a life estate and was occupied by her as a dwelling. Subsequently she married…
2Cases cited2 opinions
- Warren v. Davenport Fire InsuranceSupreme Court of Iowa · 1871
- Franklin Marine & Fire Ins. v. DrakeCourt of Appeals of Kentucky · 1841
3Cited by17 opinions
- Hanover Fire Insurance v. BohnNebraska Supreme Court · 1896
- Crossman v. American InsuranceMichigan Supreme Court · 1917
- Western Assurance Co. v. StoddardSupreme Court of Alabama · 1889
- Davis v. Phoenix InsuranceCalifornia Supreme Court · 1896
- Brady v. WelshSupreme Court of Iowa · 1925
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