Redman v. Hartford Fire Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Monroe County. Action on a policy of insurance issued by the defendant on certain machinery of the plaintiffs in their flouring mill in the city of Prescott. A written and printed application for the insurance, signed by the plaintiffs, preceded the policy. This application is in the usual form, of questions by the insurer, relating to numerous matters supposed to affect the risk, and the answers of the plaintiffs thereto.
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APPEAL from the Circuit Court for Monroe County. Action on a policy of insurance issued by the defendant on certain machinery of the plaintiffs in their flouring mill in the city of Prescott. A written and printed application for the insurance, signed by the plaintiffs, preceded the policy. This application is in the usual form, of questions by the insurer, relating to numerous matters supposed to affect the risk, and the answers of the plaintiffs thereto. It closes with the following stipulation: “And the said applicant hereby covenants and agrees to and with said company, that the foregoing…
1Opinion of the CourtLyoN, J.
When the case of Blumer v. The Phoenix Ins. Co. (45 Wis., 622) was decided, a majority of the members of the court were of the opinion that positive and unqualified statements of the insured, contained in the application for the insurance, in respect to the precautions used against fire, although, in the present tense, are, in general, continuing or promissory undertakings, in the nature of express warranties, if made so by the contract; and that a failure by the insured to continue such precautions during the term of the policy is fatal to the contract. A reargument of that case has been…
2Cases cited1 opinion
- Blumer v. Phœnix InsuranceWisconsin Supreme Court · 1878
3Cited by22 opinions
- Harriman v. Queen Insurance Co. of LondonWisconsin Supreme Court · 1880
- Dunbar v. Phenix Insurance Co. of BrooklynWisconsin Supreme Court · 1888
- Port Blakely Mill Co. v. Springfield Fire & Marine InsuranceWashington Supreme Court · 1910
- O'Connell v. Supreme Conclave KnightsSupreme Court of Georgia · 1897
- McCall Co. v. IcksWisconsin Supreme Court · 1900
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