Blumer v. Phœnix Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for La (Jrosse County. Action on a .policy of insurance against loss by fire, issued by the defendant company to the plaintiff Blumer, on his flouring mill and the machinery therein. By the terms of the policy, the loss, if any, was made payable to the plaintiff Bliss (who held a mortgage on the insured property), to the extent of his mortgage claim.
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APPEAL from the Circuit Court for La (Jrosse County. Action on a .policy of insurance against loss by fire, issued by the defendant company to the plaintiff Blumer, on his flouring mill and the machinery therein. By the terms of the policy, the loss, if any, was made payable to the plaintiff Bliss (who held a mortgage on the insured property), to the extent of his mortgage claim. Blumer made written application for the insurance, in which he answered a series of questions propounded on behalf of the insurance company concerning the situation, occupancy, mode of use, and value, of the mill and…
1Opinion of the CourtLtok, J.
The distinction in the law of insurance between a warranty and a mere representation is well settled and understood. Stipulations in the policy, or, what is the same thing, stipulations in some other writing which the parties expressly agree shall be a part of the policy, although not inserted in it, whether the same are statements of existing facts, or that certain acts shall thereafter be done, or a certain condition of things continue, are, in general, part of the contract and express warranties, unless it can fairly be gathered from the whole contract that the parties did- not so intend.…
2Cases cited26 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Jeffries v. Life InsuranceSupreme Court of the United States · 1875
- Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
- Clinton v. . the Hope Insurance CompanyNew York Court of Appeals · 1871
- Glendale Woolen Co. v. Protection Insurance Co.Supreme Court of Connecticut · 1851
21 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Stipcich v. Metropolitan Life InsuranceSupreme Court of the United States · 1928
- Boyle v. Northwestern Mutual Relief Ass'nWisconsin Supreme Court · 1897
- McDermott v. Modern Woodmen of AmericaMissouri Court of Appeals · 1903
- Hart v. Niagara Fire InsuranceWashington Supreme Court · 1894
- Straker v. Phenix Insurance Co. of BrooklynWisconsin Supreme Court · 1898
14 more not listed; retrieve them via the Exa API.