Baldwin v. State Insurance
Supreme Court of Iowa
Appeal from Van Burén District Court. Action in equity to reform a policy of fire insurance, and enforce payment for a loss alleged to have occurred under it. The building which the policy purports to cover is described as being on the southeast quarter of section 2, township 70, Yan Burén county. The building destroyed was on the southwest quarter of the section. The policy ran to the plaintiff, ~W. E. Baldwin.
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Appeal from Van Burén District Court. Action in equity to reform a policy of fire insurance, and enforce payment for a loss alleged to have occurred under it. The building which the policy purports to cover is described as being on the southeast quarter of section 2, township 70, Yan Burén county. The building destroyed was on the southwest quarter of the section. The policy ran to the plaintiff, ~W. E. Baldwin. The building destroyed was owned, both at the time of the issuance of the policy and at the time of the loss, solely by the plaintiff, E. T. Baldwin. The plaintiffs ask that the…
1Opinion of the CourtAdams, J.
Whether tbe plaintiffs were entitled to a reformation of tbe policy, so far as tbe description of tbe property is concerned, we need not determine. Tbe case will turn upon other questions. It appears to us tbat insuperable obstacles stand in tbe way of any recovery by either of tbe plaintiffs, and would, if tbe property destroyed bad been described in tbe policy as tbe property insured.
1. insurance • tent oí'the inmaaon ofEor" policy. We proceed to inquire, first, whether E. T. Baldwin can recover. He certainly cannot, unless by a reformation of hhe policy be can be made a party to it. Now,…
2Cited by7 opinions
- Wensel v. Property Mutual InsuranceSupreme Court of Iowa · 1906
- Cornelius v. Farmers InsuranceSupreme Court of Iowa · 1901
- German Insurance v. HymanNebraska Supreme Court · 1892
- Murphy v. Continental InsuranceSupreme Court of Iowa · 1916
- Garton v. Phoenix InsuranceSupreme Court of Iowa · 1933
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