Legal Opinion

McCoy v. Iowa State Insurance

Supreme Court of Iowa

Decided December 17, 1898PublishedCited by 11 opinions

Appeal from Hardin District Gourt. — Hon. S. M. Weaver, J udge. Action at law upon a policy of insurance covering a'certain building and fixtures in tbe town of Robertson; and a stock of goods kept for sale therein.

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Appeal from Hardin District Gourt. — Hon. S. M. Weaver, J udge. Action at law upon a policy of insurance covering a'certain building and fixtures in tbe town of Robertson; and a stock of goods kept for sale therein. Defendant pleaded a breach of condition of the policy against the erection of buildings contiguous or near to the property insured; that the plaintiff was not the owner of the building, and that such fact was not disclosed to the company, and that the insured’s interest was not stated in the policy; that the insured placed a mortgage upon the stock of goods covered by the policy…

1Opinion of the CourtDeemer, C. J.

On the eleventh day of August, 1892, the defendant issued its policy of insurance against loss by fire upon a stock of general merchandise situated in a one and a half story building in the town of Kobertson. Thereafter plaintiff erected a one-story frame building upon lot 1, block 3, in said town, the legal title to which was in the name of Mrs. M. M. McOoy, his wife. In July of the year 1893, the insured moved his stock of goods into the building erected by him, and on the thirty-first day of July, the policy of insurance was transferred so as to cover the stock in its new location. At the…

2Cases cited8 opinions

  1. Hough v. City Fire InsuranceSupreme Court of Connecticut · 1860
  2. Wainer v. Milford Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1891
  3. Lebanon Mutual Insurance v. ErbSupreme Court of Pennsylvania · 1886
  4. Bonham v. Iowa Central InsuranceSupreme Court of Iowa · 1868
  5. Williams v. Niagara Fire Ins.Supreme Court of Iowa · 1879

3 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Goorberg v. the Western Assurance Co.California Supreme Court · 1907
  2. Barclay v. London Guarantee & Accident Co.Supreme Court of Colorado · 1909
  3. Waller v. City of New York Ins.Oregon Supreme Court · 1917
  4. Miller v. Phoenix Assur. Co., Limited, of LondonNew Mexico Supreme Court · 1948
  5. Peterson v. Universal Automobile InsuranceIdaho Supreme Court · 1933

6 more not listed; retrieve them via the Exa API.

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