Johannes v. Standard Fire Office of London
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ea-u Claire County. Action upon a policy issued by the defendant The Standard Fire Office, insuring the plaintiff against loss or damage by fire to the amount of $1,650, from July 1, 1883, to July 1, 1886. Two hundred dollars of the insurance was upon a frame building, and the balance upon personal property. The risk was re-insured by the defendant The Phenix Insurance Company.
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APPEAL from the Circuit Court for Ea-u Claire County. Action upon a policy issued by the defendant The Standard Fire Office, insuring the plaintiff against loss or damage by fire to the amount of $1,650, from July 1, 1883, to July 1, 1886. Two hundred dollars of the insurance was upon a frame building, and the balance upon personal property. The risk was re-insured by the defendant The Phenix Insurance Company. An order overruling a demurrer to the complaint was affirmed by this court on a former appeal. See Johannes v. Phenix Ins. Co. 66 Wis. 50. The grounds of the defense to the action and…
1Opinion of the CourtCole, C. J.
The defense is based upon alleged breaches of the conditions in the policy, which it is claimed exonerate the defendants from all liability for the loss. The policy provided it should be void if there was “ any omission to make known every fact material to the risk,” and “ if the interest of the assured in the propertjr be other than the entire, unconditional, and sole ownership of the property for the use and benefit of the assured, or if the building insured stands on leased ground, it must be so represented to the company and so expressed in the written part of the policy, otherwise the…
2Cases cited13 opinions
- Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
- Hough v. City Fire InsuranceSupreme Court of Connecticut · 1860
- Springfield Fire & Marine Insurance v. AllenNew York Court of Appeals · 1871
- Mers v. Franklin InsuranceSupreme Court of Missouri · 1878
- Pelton v. . Westchester Fire Insurance CompanyNew York Court of Appeals · 1879
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Loventhal v. Home InsuranceSupreme Court of Alabama · 1895
- Oconto Co. v. BaconWisconsin Supreme Court · 1923
- McCollough v. Home Ins. Co. of N.Y.California Supreme Court · 1909
- Anderson v. YaworskiSupreme Court of Connecticut · 1935
- Vankirk v. Citizens' Insurance Co.Wisconsin Supreme Court · 1891
18 more not listed; retrieve them via the Exa API.