Schuermann v. Dwelling House Insurance
Illinois Supreme Court
Writ of Error to the Appellate Court for the First District;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. N. C. Sears, Judge, presiding. The plaintiff in error, who was the plaintiff in the trial in the Superior Court, brought an action upon an insurance policy, to recover for loss by fire for the value of the insured building.
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Writ of Error to the Appellate Court for the First District;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. N. C. Sears, Judge, presiding. The plaintiff in error, who was the plaintiff in the trial in the Superior Court, brought an action upon an insurance policy, to recover for loss by fire for the value of the insured building. The policy contained the following condition, which is relied upon for forfeiture and avoidance of the policy: “This entire policy, unless otherwise provided by agreement endorsed hereon or added hereto, shall be void * * * if any…
1Opinion of the CourtJustice Phillips
Whether a building is vacant or unoccupied at the time a loss by fire occurs is a question of fact, for determination by the jury. What is meant by the term “vacant or unoccupied,” as used in a policy, and its construction with other clauses, is a question of .law. (Phœnix Ins. Co. v. Tucker, 92 Ill. 64.) The question of fact, depending on the preponderance of the evidence, is for the jury. Whether there is any evidence, legally tending to prove a fact, to authorize its submission to the jury, is to be determined by the court. (Bartelott v. International Bank, 119 Ill. 259.) Where the…
2Cases cited7 opinions
- Simmons v. Chicago & Tomah RailroadIllinois Supreme Court · 1884
- Bartelott v. International BankIllinois Supreme Court · 1887
- Phœnix Insurance v. TuckerIllinois Supreme Court · 1879
- North American Fire Insurance v. ZaengerIllinois Supreme Court · 1872
- Fitzgerald v. Connecticut Fire InsuranceWisconsin Supreme Court · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Ketterman v. Dry Fork Railroad Co.West Virginia Supreme Court · 1900
- Walter Myers v. Merrimack Mutual Fire Insurance Company, an Insurance Company Doing Business in IllinoisCourt of Appeals for the Seventh Circuit · 1986
- Continental Insurance Co. of New York v. DunningCourt of Appeals of Kentucky (pre-1976) · 1933
- Drovers National Bank v. Great Southwest Fire InsuranceAppellate Court of Illinois · 1977
- Kolivera v. Hartford Fire InsuranceAppellate Court of Illinois · 1972
14 more not listed; retrieve them via the Exa API.