Legal Opinion

Ryan v. Rockford Insurance

Wisconsin Supreme Court

Decided June 21, 1893PublishedCited by 7 opinions

APPEAL from the Circuit Court for Rode County. This action was brought upon a policy of insurance against loss by fire of certain buildings and their contents. The policy was issued by defendant insurance company to plaintiff, and bears date June 15, 1888. The insured property was burned during the life of the policy, to wit, on August 14, 1888. Due proofs of loss were made.

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APPEAL from the Circuit Court for Rode County. This action was brought upon a policy of insurance against loss by fire of certain buildings and their contents. The policy was issued by defendant insurance company to plaintiff, and bears date June 15, 1888. The insured property was burned during the life of the policy, to wit, on August 14, 1888. Due proofs of loss were made. The defendant company having denied liability under the policy, this action was commenced December 8, 1888. The complaint is in the usual form of complaints in like actions. The defense stated in the answer of the…

1Opinion of the Court

Lyon, 0. J.

I. The appeal from the judgment will first be considered. The judgment is attacked upon three grounds: (1) For insufficiency of proof; (2) for erroneous rulings on objections to the admission of testimony; and (8) for an alleged waiver by the insurance company of its defense to the action. These several grounds assigned for a reversal of the judgment will be considered in their order.

1. Does the testimony support the findings and judgment? It is undisputed that until April 24, 1884, the plaintiff was not the owner of the premises of which the insured buildings were part and parcel,…

2Cases cited2 opinions

  1. Grace v. McArthurWisconsin Supreme Court · 1890
  2. Dohlantry v. Blue Mounds Fire & Lightning InsuranceWisconsin Supreme Court · 1892

3Cited by7 opinions

  1. Admiral Insurance v. Paper Converting Machine Co.Wisconsin Supreme Court · 2012
  2. Nugent v. SlaghtCourt of Appeals of Wisconsin · 2001
  3. Reserve Life Insurance v. HowellOregon Supreme Court · 1960
  4. Ryder v. State Farm Mutual Automobile InsuranceWisconsin Supreme Court · 1971
  5. Trustees of St. Clara Female Academy v. Northwestern National InsuranceWisconsin Supreme Court · 1899

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