Behrens v. Germania Fire Ins.
Supreme Court of Iowa
Appeal from Dubuque Circuit Court. ' Action on a policy of insurance in the usual form, to recover damages 'sustained by the destruction by lire of the property insured.
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Appeal from Dubuque Circuit Court. ' Action on a policy of insurance in the usual form, to recover damages 'sustained by the destruction by lire of the property insured. The defendant pleaded, First, that the plaintiff falsely and fraudulently over-valued the property insured; Second, that additional insurance had been obtained oil the property without the written consent of the defendant; and, Third, that plaintiff commenced an action against the company in which the additional insurance had been obtained, and averred in the petition in said action certain matters and things in relation to…
1Opinion of the CourtServers, J.
í nrsuavaluation as" fraudulent' intent. I. The court instructed the jury as follows: “ As to the defense stated in the third instruction, you are informed that, if you find that the preponderance credible evidence establishes that plaintiff, in getting the policy in suit, made a false statement ag j-0 stock purchased and added to that already possessed, or intentionally deceived the agent, Deggindorf, as to the value of his property, and thereby obtained the policy in suit, the defendant is entitled to a verdict. But a mere honest mistake as to value is not sufficient to invalidate the…
2Cases cited4 opinions
- Hubbard & Spencer v. Hartford Fire Ins.Supreme Court of Iowa · 1871
- Dogge v. Northwestern National InsuranceWisconsin Supreme Court · 1880
- Bonham v. Iowa Central InsuranceSupreme Court of Iowa · 1868
- Franklin Fire Insurance v. VaughanSupreme Court of the United States · 1876
3Cited by8 opinions
- De Shields v. Insurance Co. of North AmericaSupreme Court of South Carolina · 1923
- Weigen v. Council Bluffs InsuranceSupreme Court of Iowa · 1898
- Helm v. Anchor Fire InsuranceSupreme Court of Iowa · 1906
- American Mortgage Co. v. ButlerNew York Supreme Court · 1901
- Schmidt v. Royal InsuranceHawaii Supreme Court · 1897
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