Taylor v. Anchor Mutual Fire Insurance
Supreme Court of Iowa
Appeal from Mills District Oourt. — Hon. W. I£. Green,, Judge. Action to recover for a loss within the terms, of a policy of fire insurance. Defendant relied upon misrepresentationsinthe application as to. plaintiff’s title to,' and incumbrance of the insured property subsequent to the making of the contract of insurance, and in violation of its terms; also that there was a failure to furnish proofs of loss.
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Appeal from Mills District Oourt. — Hon. W. I£. Green,, Judge. Action to recover for a loss within the terms, of a policy of fire insurance. Defendant relied upon misrepresentationsinthe application as to. plaintiff’s title to,' and incumbrance of the insured property subsequent to the making of the contract of insurance, and in violation of its terms; also that there was a failure to furnish proofs of loss. There was a judgment on a verdict for plaintiff, from which defendant appeals. —
1Opinion of the Court
McClain, J. —
The application on which the policy was issued represented that insured owned 93 acres of land, *626“on which the property to be insured is located,” of the value of $35 per acre; that there was $900 incumbrance thereon; that he had a fee simple title to the land “on which the above described property to be insured is situated;” and that his title was undisputed to the property proposed for insurance; and these representations were, in the policy, warranted to be correct. The policy specifies the risk assumed as follows: “$250 on frame dwelling house; $250 on household furniture,…
2Cases cited15 opinions
- Southern Fire Insurance v. KnightSupreme Court of Georgia · 1900
- Pickel v. Phenix InsuranceIndiana Supreme Court · 1889
- Loehner v. Home Mutual InsuranceSupreme Court of Missouri · 1852
- Phenix Insurance v. PickelIndiana Supreme Court · 1889
- Cuthbertson v. North Carolina Home InsuranceSupreme Court of North Carolina · 1887
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Boatner v. Providence-Washington Ins. Co.Texas Commission of Appeals · 1922
- Goorberg v. the Western Assurance Co.California Supreme Court · 1907
- Capps v. National Union Fire InsuranceIllinois Supreme Court · 1925
- Currie v. Continental Casualty Co.Supreme Court of Iowa · 1910
5 more not listed; retrieve them via the Exa API.