Hotchkiss v. Phœnix Insurance Co. of Brooklyn
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. The defendant company issued its policy of insurance, dated March 21, 1888, whereby it insured the plaintiff for three years against loss or damage by fire in the sum of $600, on a dwelling-house in Omro, and $100 on household furniture, etc., therein. The house was occupied by a tenant, exc'ept a room therein in which the plaintiff kept the insured personal property.
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APPEAL from the Circuit Court for Winnebago County. The defendant company issued its policy of insurance, dated March 21, 1888, whereby it insured the plaintiff for three years against loss or damage by fire in the sum of $600, on a dwelling-house in Omro, and $100 on household furniture, etc., therein. The house was occupied by a tenant, exc'ept a room therein in which the plaintiff kept the insured personal property. These facts were known to the agent of the company who issued the policy. About November 1, 1888, the tenant moved out of the house, and the same thereby became unoccupied,…
1Opinion of the CourtLyoN, J.
The testimony tends to show that, immediately after the tenant vacated the insured house, the plaintiff went to see the agent of the defendant company at Omro, where the insured property was situated, informed him that the tenant had so removed, and asked him if her insurance was good, or, if it needed any change, what she should do, and that the agent replied that her insurance was good just as it was, and agreed to carry it in that way for thirty days. Also, the question having been suggested to the agent whether the house would be considered occupied while the plaintiff’s goods remained in…
2Cases cited1 opinion
- Lockwood v. Middlesex Mutual Assurance Co.Supreme Court of Connecticut · 1880
3Cited by13 opinions
- Nickell v. Phoenix InsuranceSupreme Court of Missouri · 1898
- Ohio Farmers Insurance v. VogelIndiana Supreme Court · 1906
- Sweaney & Smith Co. v. St. Paul Fire & Marine InsuranceIdaho Supreme Court · 1922
- Rissler v. American Central InsuranceSupreme Court of Missouri · 1899
- German Insurance v. DavisNebraska Supreme Court · 1894
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