Legal Opinion

Black v. Grain Shippers Mutual Fire Insurance

Supreme Court of Iowa

Decided April 10, 1915PublishedCited by 6 opinions

Appeal from Ida District Court. — Hon. M. E. Hutchison, Judge. Action at law upon a policy of fire insurance in tbe defendant company, covering a sawmill, fixtures, and appliances, in the state of Florida. The defendant denied liability, and on the issues joined, the case was tried to the ■ court without a jury, resulting in a judgment for plaintiff, and defendant appeals.

1Opinion of the CourtDeemer, C. J.

— I. The policy was issued June 22, 1910, and was for the term of one year. The fire occurred October 5, 1910, and plaintiff claims to have made proofs of loss within a few days thereafter. Defendant averred in its answer that the policy never became effective because plaintiff did not pay the premium thereon. It denied having received proofs of loss. It also averred that there was a warranty clause attached to the policy, which was as follows:

“Warranty Clause.
“This policy-is issued upon the understanding and warranty by the assured, that the Anchor Fire Insurance Company of Iowa has now á…

2Cases cited2 opinions

  1. Bloom v. State InsuranceSupreme Court of Iowa · 1895
  2. Liquid Carbonic Acid Manufacturing Co. v. Phœnix Insurance Co. of LondonSupreme Court of Iowa · 1904

3Cited by6 opinions

  1. American Fire Insurance v. King Lumber & Manufacturing Co.Supreme Court of Florida · 1917
  2. Hanover Fire Ins. v. DallavoCourt of Appeals for the Sixth Circuit · 1921
  3. Maryland Casualty Co. v. BeebeCourt of Appeals for the Tenth Circuit · 1931
  4. Newsom v. New York Life Ins.Court of Appeals for the Sixth Circuit · 1932
  5. Federal Life & Casualty Co. v. RobinsonAlabama Court of Appeals · 1937

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