Parsons v. Northwestern National Ins.
Supreme Court of Iowa
Appeal from Van Burén District Court.— IIon. Erank W. ' ' Eichelbergeb, Judge. The defendant issued its policy of insurance to the plaintiff for a term of one year commencing December 1, 1904, covering a stock of merchandise. The entire premium was paid. On January 31, 1905, plaintiff “ delivered and surrendered up ” the policy to the agent who took the application with the request and demand that it be canceled and the balance of the unearned premium returned to plaintiff.
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Appeal from Van Burén District Court.— IIon. Erank W. ' ' Eichelbergeb, Judge. The defendant issued its policy of insurance to the plaintiff for a term of one year commencing December 1, 1904, covering a stock of merchandise. The entire premium was paid. On January 31, 1905, plaintiff “ delivered and surrendered up ” the policy to the agent who took the application with the request and demand that it be canceled and the balance of the unearned premium returned to plaintiff. On the same day the agent mailed the policy to the company accompanied with a letter requesting that the policy be…
1Opinion of the CourtLadd, J.
The policy of insurance was surrendered to the company for cancellation by the insured several days before the fire and by it accepted for that purpose, but the unearned premium had not been returned. The insured had done all he could to effect the cancellation of the policy prior to the loss and so had the company, save that the unearned premium had not been actually paid to the insured. Though the assent of two is required to mate a contract, one can terminate it. To facilitate doing so is the object of provisions concerning cancellation contained in insurance policies for these are not…
2Cases cited7 opinions
- Crown Point Iron Co. v. Ætna InsuranceNew York Court of Appeals · 1891
- Insurance Commissioner v. People's Fire InsuranceSupreme Court of New Hampshire · 1894
- Colby v. Cedar Rapids Ins.Supreme Court of Iowa · 1885
- Bingham v. Insurance Co. of North AmericaWisconsin Supreme Court · 1889
- Miller v. Insurance Co.West Virginia Supreme Court · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Medford v. Pacific National Fire InsuranceOregon Supreme Court · 1950
- Gately-Haire Co. v. . Niagara Fire Ins. Co.New York Court of Appeals · 1917
- German Union Fire Insurance v. Fred G. Clarke Co.Court of Appeals of Maryland · 1911
- Mangrum & Otter Inc. v. Law Union & Rock Insurance Co.California Supreme Court · 1916
- Summers v. Travelers Ins. Co.Court of Appeals for the Eighth Circuit · 1940
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