Flatley v. Phenix Insurance
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Oconto county: S. D. Hastings, Jb., Circuit Judge. Tbis was an action upon a policy of insurance, issued by tbe defendant company to tbe plaintiff, in tbe sum of $500, to wit, $300 on bis building, and $200 on bis stock of liquors and saloon fixtures therein.
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Appeal from a judgment of tbe circuit court for Oconto county: S. D. Hastings, Jb., Circuit Judge. Tbis was an action upon a policy of insurance, issued by tbe defendant company to tbe plaintiff, in tbe sum of $500, to wit, $300 on bis building, and $200 on bis stock of liquors and saloon fixtures therein. Tbe property insured was totally destroyed by fire, June 14, 1895, notice of wbicb was immediately given to tbe defendant; but proof of loss was not furnished to it until more than sixty days after tbe fire, namely, October 8, 1895. After tbe lapse of more than sixty days thereafter, tbe…
1Opinion of the CourtPiNNey, J.
There is no substantial difference between the provisions of the policy upon which this action is founded, in respect to the defense relied on, and the provisions in the case of Vangindertaelen v. Phenix Ins. Co. 82 Wis. 112-117. The policy must be regarded as depending, for its validity and construction, wholly upon the consent of the parties, and not as a policy prescribed by the authority of the state, under ch. 195, Laws of 1891, the provisions of which were declared unconstitutional in Dowling v. Lancashire Ins. Co. 92 Wis. 63. The courts will not declare or raise a forfeiture of an…
2Cases cited5 opinions
- Quinlan v. Providence Washington InsuranceNew York Court of Appeals · 1892
- Dowling v. Lancashire InsuranceWisconsin Supreme Court · 1896
- Kenton Insurance v. DownsCourt of Appeals of Kentucky · 1890
- Tubbs v. Dwelling-House InsuranceMichigan Supreme Court · 1891
- Vangindertaelen v. Phenix InsuranceWisconsin Supreme Court · 1892
3Cited by18 opinions
- Southern Fire Insurance v. KnightSupreme Court of Georgia · 1900
- RTE Corp. v. Maryland Casualty Co.Wisconsin Supreme Court · 1976
- Welch v. Fire Ass'n of PhiladelphiaWisconsin Supreme Court · 1904
- Continental Fire Insurance v. WhitakerTennessee Supreme Court · 1903
- Preferred Accident Insurance v. FieldingSupreme Court of Colorado · 1905
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