Legal Opinion

Mielke v. National Reserve Insurance

Wisconsin Supreme Court

Decided October 9, 1934PublishedCited by 4 opinions

1Opinion of the CourtRosenberry, C. J.

The defendant upon his appeal makes three claims: (1) That even though the mortgage is void, the moral risk remains and under such a state of facts the coverage rule applies; (2) that no exemptions were claimed or established upon the trial; and (3) that the damages were agreed upon by the plaintiff and defendant’s adjuster and fixed at $402.30.

In Moe v. Allemannia Fire Ins. Co. 209 Wis. 526, 244 N. W. 593, it was held that the provision of the standard insurance policy, which provided that the “company shall not be liable for loss or damage to any property insured hereunder while incumbered…

2Cases cited2 opinions

  1. Moe v. Allemannia Fire Insurance Co.Wisconsin Supreme Court · 1932
  2. Lipedes v. Liverpool & London & Globe InsuranceNew York Court of Appeals · 1920

3Cited by4 opinions

  1. Opitz v. BrawleyWisconsin Supreme Court · 1960
  2. Summers v. Oakfield Town Mutual Fire InsuranceWisconsin Supreme Court · 1944
  3. Straw v. Integrity Mutual Insurance Co.Wisconsin Supreme Court · 1945
  4. Johnson v. Hartland Farmers' Mutual Fire InsuranceWisconsin Supreme Court · 1936

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