Bourgeois v. Northwestern National Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. Action upon an insurance policy of $2,000 upon plaintiff’s dwelling house and. furniture therein.
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APPEAL from the Circuit Court for Fond du Lao County. Action upon an insurance policy of $2,000 upon plaintiff’s dwelling house and. furniture therein. The policy was issued December 16, 1891, upon an application dated December 14,1891, and was what is known as the “ "Wisconsin Standard Policy,” prepared by the state insurance commissioner under ch. 195, Laws of 1891. It contained the following condition: “This entire policy, unless otherwise provided by agreement indorsed thereon or added thereto, shall be void if the insured- now has, or shall hereafter make or procure, any other contract…
1Opinion of the Court
"WiNslow, J.
Although other questions are presented by the record, the single question indicated in the foregoing statement of facts is all that we find it necessary to consider. That question is whether the local agent, at the time the application for insurance is made, may effectually waive by parol the clause prohibiting future additional in-*608sura nee, the policy containing such, clause being afterwards accepted and held by the insured.
There are numerous cases in this court holding that the local agent has implied authority, while making the contract of insurance, to waive stipulations or…
2Cases cited5 opinions
- Quinlan v. Providence Washington InsuranceNew York Court of Appeals · 1892
- Hankins v. Rockford Insurance Co.Wisconsin Supreme Court · 1887
- Schomer v. Hekla Fire InsuranceWisconsin Supreme Court · 1880
- Stanhilber v. Mutual Mill InsuranceWisconsin Supreme Court · 1890
- Phœnix Insurance v. MaxsonAppellate Court of Illinois · 1891
3Cited by24 opinions
- State ex rel. Wisconsin Inspection Bureau v. WhitmanWisconsin Supreme Court · 1928
- Dowling v. Lancashire InsuranceWisconsin Supreme Court · 1896
- Commercial Union Assurance Co. v. PrestonTexas Supreme Court · 1926
- Welch v. Fire Ass'n of PhiladelphiaWisconsin Supreme Court · 1904
- Heim v. American Alliance Insurance Co. of New YorkSupreme Court of Minnesota · 1920
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