Epiphany Roman Catholic Church v. German Ins.
South Dakota Supreme Court
Appeal from circuit court, Hanson county. Hon. Frank B. Smith, Judge. Action by the Epiphany Roman Catholic Church against the German Insurance Company to reform a certain policy of insurance and to recover the amount of insurance provided for therein. From a judgment for plaintiff, defendant appeals. Plaintiff failed to give immediate notice of loss as required by the policy.
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Appeal from circuit court, Hanson county. Hon. Frank B. Smith, Judge. Action by the Epiphany Roman Catholic Church against the German Insurance Company to reform a certain policy of insurance and to recover the amount of insurance provided for therein. From a judgment for plaintiff, defendant appeals. Plaintiff failed to give immediate notice of loss as required by the policy. Such notice was a condition precedent to any action on the policy, and must be strictly complied with. Ermentrout v. Ins. Co., 63 Minn., 305; Bowlin v. Ins. Co., 36 Minn. 433; Shapin v. Ins. Co., 51'Minn., 239; Lane v.…
1Opinion of the CourtHaney, P. J.
The object of this action is to reform a fire, lightning, tornado and cyclone insurance policy, and to recover the full amount of insurance provided for therein on a church building and its contents, totally destroyed by a cy clone April 27, 1896. The cause was submitted upon an agreed statement of facts, which was adopted as the findings of the court and judgment was rendered reforming the contract, and awarding the plaintiff the amount claimed, with costs and disbursements. Defendant appealed from the judgment alone.
The contention that plaintiff should not recover, because it failed to give…
2Cases cited1 opinion
- De Frece v. National Life InsuranceNew York Court of Appeals · 1892
3Cited by6 opinions
- Farmland Insurance Companies of Des Moines v. HeitmannSouth Dakota Supreme Court · 1993
- Reeves v. National Fire InsuranceSouth Dakota Supreme Court · 1919
- Alexander v. Home Ins.South Dakota Supreme Court · 1928
- Missouri, Kansas & Texas R'y Co. v. ElliottCourt Of Appeals Of Indian Territory · 1899
- Farmland Insurance Companies of Des Moines v. HeitmannSouth Dakota Supreme Court · 1993
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