Insurance Co. of North America v. Bachler
Nebraska Supreme Court
Error from the district court of Otoe county. Tried below before Chapman, J. The opinion contains a statement of the case. The action must fail, because there was a mortgage upon the insured premises at the time of the fire, the existence of which had not been disclosed to the company. (Waller v. Northern Assurance Co., 10 Fed. Rep., 232; Bowman v. Franklin Fire Ins. Co., 3 Ins. L. J. [Md.], 935; Ilinman ■v. Hartford Fire Ins.
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Error from the district court of Otoe county. Tried below before Chapman, J. The opinion contains a statement of the case. The action must fail, because there was a mortgage upon the insured premises at the time of the fire, the existence of which had not been disclosed to the company. (Waller v. Northern Assurance Co., 10 Fed. Rep., 232; Bowman v. Franklin Fire Ins. Co., 3 Ins. L. J. [Md.], 935; Ilinman ■v. Hartford Fire Ins. Co., 36 Wis., 159.) The right of an insurance company to insist upon an -appraisal as a condition precedent to the commencement of a suit, where the policy contains…
1Opinion of the Court
Ragan, C.
To reverse a judgment pronounced against it by the district court of Otoe county in favor of Henry Bachler in a suit based on an ordinary fire insurance policy the Insurance Company of North America (hereainfter called the “Insurance Company ”) has prosecuted to this court proceedings in error.
1. The first assignment of error is that the district court erred in giving instructions numbered 1 to 10, both inclusive, upon its own motion; and the second assignment is that the court erred in refusing to give the instructions 1 to 11, both inclusive, requested by the plaintiff in error.…
2Cases cited17 opinions
- Washington Mills Emery Manufacturing Co. v. Weymouth & Braintree Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1883
- Williams v. Hartford Ins. Co.California Supreme Court · 1880
- State ex rel. Selden v. BerkaNebraska Supreme Court · 1886
- Hanover Fire Insurance v. GustinNebraska Supreme Court · 1894
- Hinman v. Hartford Fire InsuranceWisconsin Supreme Court · 1874
12 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Glens Falls Insurance Co. v. MichaelIndiana Supreme Court · 1905
- Hanover Fire Insurance v. BohnNebraska Supreme Court · 1896
- O'Keefe v. Liverpool, London & Globe InsuranceSupreme Court of Missouri · 1897
- American Fire Insurance v. LandfareNebraska Supreme Court · 1898
- Dell v. MarvinSupreme Court of Florida · 1899
23 more not listed; retrieve them via the Exa API.