Boetcher v. Hawkeye Insurance
Supreme Court of Iowa
Appeal from Bremer Circuit Court. Action iii equity on a policy of insurance against fire on real and personal property. The premises were incumbered by mortgage, which was owned by Carl Schroeder, and he intervened, claiming the policy had been assigned to him, and that he was entitled to recover thereon to the extent of his interest. The pleadings were so framed as to properly present the questions discussed in the opinion.
Read the full summary
Appeal from Bremer Circuit Court. Action iii equity on a policy of insurance against fire on real and personal property. The premises were incumbered by mortgage, which was owned by Carl Schroeder, and he intervened, claiming the policy had been assigned to him, and that he was entitled to recover thereon to the extent of his interest. The pleadings were so framed as to properly present the questions discussed in the opinion. There was a finding and judgment against the company, and it alone appeals. The cause is triable de novo.
1Opinion of the CourtSeevebs, J.
The policy is dated December 30, 1874, and insured the plaintiff against loss by fire “from 27th of December, 1874, at 12 o’clock, noon, unto the 27th day of December, 1875, at 12 o’clock noon.” The loss occurred during the existence of ’ the policy. It does not appear on what day the application ivas made, but it asked for insurance “for one year from December 24, 1874.” The application was made to one Callender, a soliciting agent of the company. In such application, which was signed by the plaintiff, he was asked: “Is any of the property encumbered?” He answered, “None.” This was not true,…
2Cases cited6 opinions
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
- Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
- Miller v. Mutual Benefit Life InsuranceSupreme Court of Iowa · 1871
- Hubbard & Spencer v. Hartford Fire Ins.Supreme Court of Iowa · 1871
- Owens v. . Holland Purchase Ins. Co.New York Court of Appeals · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Knights of Pythias v. WithersSupreme Court of the United States · 1900
- Commercial Union Assurance Co. v. State ex rel. SmithIndiana Supreme Court · 1888
- Hagan v. Merchants & Bankers' InsuranceSupreme Court of Iowa · 1890
- Continental Insurance v. PearceSupreme Court of Kansas · 1888
- Sullivan v. Phenix InsuranceSupreme Court of Kansas · 1885
23 more not listed; retrieve them via the Exa API.