Cayon v. Dwelling House Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. Action upon a policy of insurance against fire. The facts will sufficiently appear from the opinion. The defendant appealed from a judgment in favor of the plaintiff. They contended, inter alia, that the misrepresentation, in the proofs, of the amount of loss and damage defeated any claim under the policy.
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APPEAL from the Circuit Court for Brown County. Action upon a policy of insurance against fire. The facts will sufficiently appear from the opinion. The defendant appealed from a judgment in favor of the plaintiff. They contended, inter alia, that the misrepresentation, in the proofs, of the amount of loss and damage defeated any claim under the policy. The policy provides that the proofs must state “ the amount of loss and damage,” and that “ any misrepresentation in the proofs . as to loss or damage shall forfeit all claims under this policy.” Sec. 1913, R. S., conclusively fixes the amount…
1Opinion of the CourtOetoN, J.
The defenses to this action on the policy of insurance, set up in the answer, are as follows: (1) That the fire and loss occurred or were caused by the wilful act and procurement of the plaintiff; (2) that the plaintiff fraudulently concealed the fact that the building or dwelling-house to be insured was and had been used as a cooper-shop; (3) that the plaintiff in his proofs of loss fraudulently overestimated the value of the property insured; and (4) that there was not annexed to the proofs of loss the certificate ■of a magistrate nearest to said fire, as required by the policy. The first…
2Cases cited7 opinions
- Killips v. Putnam Fire InsuranceWisconsin Supreme Court · 1871
- Reilly v. Franklin Insurance Co. of St. LouisWisconsin Supreme Court · 1877
- Hiles v. Hanover Fire InsuranceWisconsin Supreme Court · 1886
- Bammessel v. Brewers' Fire Insurance Co. of AmericaWisconsin Supreme Court · 1877
- Badger v. Phœnix Insurance Co. of BrooklynWisconsin Supreme Court · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Havens v. Germania Fire InsuranceSupreme Court of Missouri · 1894
- Heddles v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1889
- Oshkosh Gas Light Co. v. Germania Fire InsuranceWisconsin Supreme Court · 1888
- Beyer v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1901
- Vangindertaelen v. Phenix InsuranceWisconsin Supreme Court · 1892
11 more not listed; retrieve them via the Exa API.