Stephenson v. Agricultural Insurance Co.
Wisconsin Supreme Court
. Appeals from judgments of tire circuit court for Milwaukee county: WabeeN D. TabbaNT, Circuit Judge. Plaintiffs’ testator took out insurance on a building situated in tbe city of Milwaukee, Wisconsin, as follows: Agricultural Insurance Company of Watertown, New York, $5,000; Liverpool & London & Globe Insurance Company, $5,000; Continental Insurance Company, $5,000 ; Prussian National Insurance Company, $2,500; Northwestern National Insurance Company, $5,000; Milwaukee…
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. Appeals from judgments of tire circuit court for Milwaukee county: WabeeN D. TabbaNT, Circuit Judge. Plaintiffs’ testator took out insurance on a building situated in tbe city of Milwaukee, Wisconsin, as follows: Agricultural Insurance Company of Watertown, New York, $5,000; Liverpool & London & Globe Insurance Company, $5,000; Continental Insurance Company, $5,000 ; Prussian National Insurance Company, $2,500; Northwestern National Insurance Company, $5,000; Milwaukee Fire Insurance Company, $5,000; and the Milwaukee Mechanics’ Insurance Company, $7,500,- — the policy in the latter…
1Opinion of the CourtMaeshall, J.
This appeal calls for tbe solution of two •questions concerning tbe construction of significant words in 'ibis part of sec. 1941 — 58, Stats. 1898.
“This company shall not be liable under this policy for a ■greater proportion of any loss on tbe described property . . . than tbe amount hereby insured shall bear to tbe whole insurance, whether valid or not.”
These are tbe questions: (1) Do tbe words “amount hereby insured” refer to the face of tbe policy, — tbe maximum ■amount of risk assumed under any and all circumstances? (2) Do tbe words “-whole insurance” refer to tbe aggregate of tbe…
2Cases cited9 opinions
- Oshkosh Gas Light Co. v. Germania Fire InsuranceWisconsin Supreme Court · 1888
- East Texas Fire Ins.v. CoffeeTexas Supreme Court · 1884
- Page v. Sun Insurance OfficeCourt of Appeals for the Eighth Circuit · 1896
- Bardwell v. Conway Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1875
- Merritt v. GouleyNew York Supreme Court · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ben-Hur Manufacturing Co. v. Firemen's Insurance Co. of New JerseyWisconsin Supreme Court · 1962
- Gillies v. Michigan Millers Mutual Fire InsuranceCalifornia Court of Appeal · 1950
- Wolf v. Hartford Fire InsuranceMissouri Court of Appeals · 1925
- Aldrich v. Great American InsuranceAppellate Division of the Supreme Court of the State of New York · 1921