Reilly v. Franklin Insurance Co. of St. Louis
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Winnebago County. Action upon a fire insurance policy, issued August 1, 1876, upon a tbree-fourtbs interest owned by tbe plaintiff Thompson in a certain hotel in tbe city of Oshkosh, in which tbe other plaintiffs were interested as mortgagees.
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APPEAL from tbe Circuit Court for Winnebago County. Action upon a fire insurance policy, issued August 1, 1876, upon a tbree-fourtbs interest owned by tbe plaintiff Thompson in a certain hotel in tbe city of Oshkosh, in which tbe other plaintiffs were interested as mortgagees. The total insurance upon tbe property, in various companies, was $10,-000; tbe amount insured by tbe policy in suit was $1,000; and, by the terms of the several policies, each company was to bear its proportion of any loss. The property was totally destroyed by fire, without fault of the plaintiffs. The complaint is in…
1Opinion of the CourtCole, J.
I. The material part of the answer to be considered on the demurrer is, the allegation that the policy provided that in case of fire the loss or damage should be established according to the true and actual cash marketable value of the property when the loss happened; and that the true and actual cash marketable value of the property, at the time of the fire, was less than the amount of insurance on the property. It is claimed that this shows a partial defense to the action. The insured building was a brick hotel, which was wholly destroyed. The policy was issued after ch. 347, Laws of 1874,…
2Cases cited1 opinion
- Luce v. Dorchester Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1870
3Cited by41 opinions
- Seider v. O'CONNELLWisconsin Supreme Court · 2000
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
- Havens v. Germania Fire InsuranceSupreme Court of Missouri · 1894
- Continental Fire Insurance v. WhitakerTennessee Supreme Court · 1903
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