Mills v. Farmers' Ins.
Supreme Court of Iowa
Appeal from, Madison Circuit Court. Thursday, October 23. Action upon an insurance policy for total of $800, issued by defendant to plaintiff against loss by fire and lightning on frame dwelling, furniture, apparel, etc., and “live stock on premises, $225, situated sec. 1, T6, 21.” The plaintiff claims $200 for one horse owned and kept by him- on the said premises, but which was killed by lightning six miles therefrom while plaintiff was driving along the highway going to…
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Appeal from, Madison Circuit Court. Thursday, October 23. Action upon an insurance policy for total of $800, issued by defendant to plaintiff against loss by fire and lightning on frame dwelling, furniture, apparel, etc., and “live stock on premises, $225, situated sec. 1, T6, 21.” The plaintiff claims $200 for one horse owned and kept by him- on the said premises, but which was killed by lightning six miles therefrom while plaintiff was driving along the highway going to mill, and driving him with another horse, which was also killed, harnessed to a loaded wagon. At the time of the…
1Opinion of the CourtCole, J.
I. The defendant, by answer, motions, demurrer, testimony and instructions, severally presented the question, whether it could show, by parol proof, that at the time plaintiff took the policy he was informed that defendant would not be liable thereon unless the stock was injured on the premises; and offered for an additional premium to insure the stock at any and all places. The circuit court held that the defendant could not be permitted to so plead or show. The court held correctly, because parol contemporaneous evidence is inadmissible to contradict or vary the terms of a valid written…
2Cases cited1 opinion
- Peterson v. Miss. Valley Ins.Supreme Court of Iowa · 1868
3Cited by14 opinions
- British-America Assurance Co. v. MillerTexas Supreme Court · 1898
- Rosenthal v. Insurance Co. of North AmericaWisconsin Supreme Court · 1914
- Noyes v. Northwestern National InsuranceWisconsin Supreme Court · 1885
- Kinney v. Farmers' Mutual Fire & Ins. SocietySupreme Court of Iowa · 1913
- E. H. Emery & Co. v. American InsuranceSupreme Court of Iowa · 1916
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