Sexton v. Hawkeye Ins.
Supreme Court of Iowa
Appeal from Adair Circuit Court. Action on a policy insuring against high winds, cyclones or tornados, to recover for the loss of the insured building. The cause was tried to a jury, which rendered a verdict for defendant, under an instruction by the court, upon which judgment was rendered. Plaintiff appeals.
1Opinion of the CourtBeck, J.
I. The policy, among other conditions, contains
the following: “This company shall not be liable for any loss or damage while the above mentioned premises shall be vacant or unoccupied, or resulting from neglect by the assured to use all possible effort to keep the property safely protected against fires that may originate on the prairies, or to save the property when on fire, or exposed thereto, or after the fire, or by theft at or after the fire.” The evidence shows that the building insured was a dwelling-house, occupied at the time the policy was issued by a tenant, who moved out of it…
2Cases cited6 opinions
- Ashworth v. Builders' Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1873
- Cooks v. Continental InsuranceSupreme Court of Missouri · 1879
- Dennison v. Phœnix InsuranceSupreme Court of Iowa · 1879
- North American Fire Insurance v. ZaengerIllinois Supreme Court · 1872
- Corrigan v. Connecticut Fire InsuranceMassachusetts Supreme Judicial Court · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Agricultural Insurance v. Hamilton ex rel. HopkinsCourt of Appeals of Maryland · 1895
- Continental Insrance Co. of New York City v. KyleIndiana Supreme Court · 1890
- Continental Insurance Co. of New York v. DunningCourt of Appeals of Kentucky (pre-1976) · 1933
- Limburg v. German Fire InsuranceSupreme Court of Iowa · 1894
- Republic County Mutual Fire Insurance v. JohnsonSupreme Court of Kansas · 1904
8 more not listed; retrieve them via the Exa API.