Rogers v. Cedar Rapids Ins.
Supreme Court of Iowa
Appeal from, Henry District Court. This is an action upon a policy of insurance upon a dwelling-house, which the plaintiff alleges was destroyed, by fire. There was a trial by jury, and a verdict and judgment for the plaintiff. Defendant appeals.
1Opinion of the Court
Rothrock, J.—
The plaintiff made the usual averments in the petition as to the issuance of the policy and the destruction of the building by fire. A copy of the policy was attached to the petition, and made part thereof by an express' averment. The policy referred to the copy of the application for insurance indorsed thereon, and the application was set out in full as part of the exhibit. The two writings were in fact but one instrument. They were both ' parts of the same contract. The face of the policy was in no sense the complete contract. It recited that the insurance was based upon the…
2Cited by5 opinions
- Travelers Insurance v. SheppardSupreme Court of Georgia · 1890
- Tackman v. Brotherhood of American YeomanSupreme Court of Iowa · 1906
- Mazeika ex rel. Willis v. Automobile Underwriters of AmericaAppellate Court of Illinois · 1922
- Kelly v. Metropolitan Life Ins.Appellate Court of Illinois · 1909
- Dailey v. Preferred Masonic Mutual Accident Ass'n of AmericaMichigan Supreme Court · 1894