Legal Opinion

Heusinkveld v. St. Paul Fire & Marine Insurance

Supreme Court of Iowa

Decided October 8, 1898PublishedCited by 15 opinions

Appeal from Sioux District Court. — Hon. Scott M. Ladd, Judge. Action at law on a poliy of insurance issued by the-defendant against loss or damage by fire on a store building, in Maurice;-Iowa. There was a trial by jury, and a verdict' and judgment for tbe plaintiff. Tbe defendant appeals.—

1Opinion of the CourtRobinson, J.

Tbe building insured was destroyed by fire during tbe life of tbe policy, and was of greater value than tbe amount of tbe insurance.

1 I. Tbe policy provides that “persons sustaining loss- or damage by fire shall forthwith give notice of said ioss to the company.” It is claimed by tbe appellant that tbe noticetbus required was not given. Tbe appellee contends-that tbe question of such notice is not presented by tbe pleadings. Tbe petition alleges that tbe building-was destroyed by fire on tbe eleventh day of January, 1893, and that on tbe next day tbe plaintiff gave tbe defendant due-notice of…

2Cases cited10 opinions

  1. Ruthven Bros. v. American Fire InsuranceSupreme Court of Iowa · 1897
  2. Renwick v. BancroftSupreme Court of Iowa · 1881
  3. Bigler v. ToySupreme Court of Iowa · 1886
  4. Drake v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1886
  5. Moffitt v. CresslerSupreme Court of Iowa · 1859

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3Cited by15 opinions

  1. In Re Estate of StratmanSupreme Court of Iowa · 1942
  2. Exchange State Bank v. Occident Elevator Co.Montana Supreme Court · 1933
  3. Remmick v. MillsNorth Dakota Supreme Court · 1968
  4. Lake v. Farmers' InsuranceSupreme Court of Iowa · 1900
  5. Burdick v. RaymondSupreme Court of Iowa · 1899

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