Cowan v. Iowa State Insurance
Supreme Court of Iowa
Appeal from, Van Burén Circuit Court. AotioN upon a policy of insurance against fire, issued to plaintiff, covering a stock of dry goods and merchandise. The petition avers tbe loss of the property and other facts entitling plaintiff to recover.
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Appeal from, Van Burén Circuit Court. AotioN upon a policy of insurance against fire, issued to plaintiff, covering a stock of dry goods and merchandise. The petition avers tbe loss of the property and other facts entitling plaintiff to recover. Defendant, in the second count of its answer, sets out that it is a mutual insurance company, organized under the laws of the State of Iowa, and the following is one of the provisions of its articles of incorporation, printed on the back of the policy, and referred to therein: “ When any property insured in this company shall be alienated by sale or…
1Opinion of the CourtBeck, J.
Nothing less than a transfer of the property insured, whereby plaintiff would part with all his interest 1. insubance: transfer of property. therein, would operate to defeat the policy under r. ,. , the condition against alienation, pleaded by defendant. As long as plaintiff retained an insurable interest in the property, the policy attached thereto and protected plaintiff to the extent of his interest. May on Insurance, p. 463, § 381, p. 303, § 278; Hitchcock v. N. W. Ins. Co., 26 N. Y., 68; West Branch Ins. Co. v. Helfenstein, 40 Pa. St., 289; Sherman v. Niagara Fire Ins. Co., 2 Sweeney,…
2Cases cited5 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Hitchcock v. . the North Western Insurance CompanyNew York Court of Appeals · 1862
- Western Massachusetts Insurance v. RikerMichigan Supreme Court · 1862
- Dix v. Mercantile InsuranceIllinois Supreme Court · 1859
- Spraddling v. PipkinSupreme Court of Missouri · 1851
3Cited by16 opinions
- Sandler v. New Jersey Realty Title InsuranceSupreme Court of New Jersey · 1962
- Allemania Fire Insurance v. PeckIllinois Supreme Court · 1890
- Va. Fire & Marine Insurance v. VaughanSupreme Court of Virginia · 1892
- Clinton v. Norfolk Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1900
- Parker v. Iowa Mutual Tornado InsuranceSupreme Court of Iowa · 1935
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