Russell v. Manufacturers' & Builders' Fire Insurance Co. of New York
Supreme Court of Minnesota
Appeal by defendant, the Manufacturers’ and Builders’ Fire Insurance Company of New York, from an order of the District Court of Hennepin County, Smith, J., made March 2, 1892, denying a new trial. On June 6, 1889, defendant issued to plaintiff, Sol Smith Bussell,, its policy of insurance for three years in the sum of $2,500 against loss by fire on his five story brick and stone building situate on Fifth Street, Minneapolis.
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Appeal by defendant, the Manufacturers’ and Builders’ Fire Insurance Company of New York, from an order of the District Court of Hennepin County, Smith, J., made March 2, 1892, denying a new trial. On June 6, 1889, defendant issued to plaintiff, Sol Smith Bussell,, its policy of insurance for three years in the sum of $2,500 against loss by fire on his five story brick and stone building situate on Fifth Street, Minneapolis. The policy was the Minnesota standard form and contained a stipulation that it should be void if there should be kept, used, or allowed on the premises, benzine, benzole,…
1Opinion of the CourtMitchell, J.
When the policy in suit was issued the insured premises were vacant and unoccupied. The printed part of the policy contained a condition that the entire policy should be void if there should be kept, used, or allowed on the premises benzine, gasoline, etc., or other explosives. But at the time the policy was issued a typewritten slip was attached to and made part of it, providing that the premises were “privileged to be occupied for hazardous and ex-trahazardous purposes.” Afterwards, and at the time of the lossfor which it is sought to recover, the premises were occupied as a paint factory,…
2Cases cited1 opinion
- Phœnix Insurance v. TaylorSupreme Court of Minnesota · 1861
3Cited by2 opinions
- Biwabik Concrete Aggregate Co. v. United States Fidelity & Guaranty Co.Supreme Court of Minnesota · 1939
- North British Mercantile Insurance v. First National BankCourt of Appeals of Texas · 1893