England v. Westchester Fire Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Earn Claire County. This action was brought to recover $1,000, the amount of a policy of insurance issued June 14, 1890, to the plaintiffs on a certain barn situated in the city of St. Paul.
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APPEAL from the Circuit Court for Earn Claire County. This action was brought to recover $1,000, the amount of a policy of insurance issued June 14, 1890, to the plaintiffs on a certain barn situated in the city of St. Paul. The policy was issued without previous written application, survey, plan, or description of the property, and contained the following stipulations: “ This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void ... if the hazard be increased by any means within the control or knowledge of the insured, . . . or if any change…
1Opinion of the CourtPiNNEY, J.
The liability of the defendant depends upon the proper construction of the condition contained in the policy issued by it, that it should be void if the barn described in it, “whether intended for occupancy by owner *588or tenant, be or become vacant or unoccupied, and so remain for ten days,” unless otherwise provided by an agreement indorsed on or added to the policy. The premises were vacant and unoccupied at the date of the policy, and so remained without the knowledge or consent of the company until the loss in question occurred.
The clause, “ whether intended for occupancy by owner or…
2Cases cited12 opinions
- Darrow v. . Family Fund SocietyNew York Court of Appeals · 1889
- Washington Mills Emery Manufacturing Co. v. Weymouth & Braintree Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1883
- Short v. . Home Insurance CompanyNew York Court of Appeals · 1882
- Sanders v. . CooperNew York Court of Appeals · 1889
- Coyne v. . WeaverNew York Court of Appeals · 1881
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Gordon v. St. Paul Fire & Marine InsuranceMichigan Supreme Court · 1917
- Kentucky Vermillion Mining & Concentrating Co. v. Norwich Union Fire Ins. Soc.Court of Appeals for the Ninth Circuit · 1906
- Askew v. Maryland Insurance Co.Court of Appeals of Georgia · 1942
- Conley v. Queen Insurance Co. of AmericaCourt of Appeals of Kentucky (pre-1976) · 1934
- Blass v. Agricultural InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
6 more not listed; retrieve them via the Exa API.