Collins v. Iowa Manufacturers Insurance
Supreme Court of Iowa
Appeal from Woodbury District Court. — W. G. Sears, Judge. The plaintiffs had a verdict on a policy of insurance issued by the defendant, and defendants appeal.
1Opinion of the CourtSalinger, J.
1. Insurance: failure to plead avoidance. I. One defense is that, in certain material matters, the application for insurance states misrepresentations. The plaintiffs were allowed to show, in the examination in chief of Mr. Collins, that the agent of the defendant who effect- ° ed the insurance was truthfully informed by Collins concerning said material facts connected with the situation of the insured property; and this was permitted over objection by defendant, which included that said testimony had no tendency to prove “any issue in this case.,” It is now urged upon us that, since the…
2Cases cited23 opinions
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
- Kausal v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1883
- George H. Fitchner & Co. v. Fidelity Mutual Fire Ass'nSupreme Court of Iowa · 1897
- Stone v. Hawkeye Ins.Supreme Court of Iowa · 1886
- Rogers v. Phenix InsuranceIndiana Supreme Court · 1890
18 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Sebring v. Fidelity-Phenix Fire InsuranceNew York Court of Appeals · 1931
- Peterson v. McManusSupreme Court of Iowa · 1919
- Pond v. AndersonSupreme Court of Iowa · 1950
- General Reinsurance Corp. v. Southern Surety Co. of Des MoinesCourt of Appeals for the Eighth Circuit · 1928
- American Alliance Ins. v. Brady Transfer & Storage Co.Court of Appeals for the Eighth Circuit · 1939
9 more not listed; retrieve them via the Exa API.