Legal Opinion

Koivisto v. Bankers & Merchants Fire Insurance

Supreme Court of Minnesota

Decided February 18, 1921No. 22,120PublishedCited by 35 opinions

Action in the district court for St. Louis county to recover $900 upon a fire insurance policy. Defendant’s demurrer to the amended complaint on the ground that several causes of action were improperly united and that the facts stated did not constitute a cause of action was overruled, Cant, J. The case was tried before Dancer, J., who made findings and ordered judgment in favor of plaintiff.

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Action in the district court for St. Louis county to recover $900 upon a fire insurance policy. Defendant’s demurrer to the amended complaint on the ground that several causes of action were improperly united and that the facts stated did not constitute a cause of action was overruled, Cant, J. The case was tried before Dancer, J., who made findings and ordered judgment in favor of plaintiff. From an order denying its motion to amend the findings and conclusions and order for judgment, or for a new trial, defendant appealed.

1Opinion of the Court

Lees, C.

This is an action to rocever on a policy of fire insurance.

Among other things, the complaint alleged that on October 2, 1918, plaintiff made a written application for insurance to defendant’s agent Mattson and paid him the premium therefor. Mattson accepted the application and agreed with plaintiff that the insurance should be in force as of that date and that a policy would be subsequently delivered.

The answer admitted that Mattson was defendant’s agent, ‘but alleged that his authority was limited to receiving written applications for insurance, which were' subject to defendant’s…

2Cases cited16 opinions

  1. Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
  2. Kausal v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1883
  3. Ermentrout v. Girard Fire & Marine InsuranceSupreme Court of Minnesota · 1895
  4. Dispatch Printing Co. v. National Bank of CommerceSupreme Court of Minnesota · 1910
  5. Kilborn v. Prudential InsuranceSupreme Court of Minnesota · 1906

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

3Cited by35 opinions

  1. Morrison v. SwensonSupreme Court of Minnesota · 1966
  2. Cupples Co. Manufacturers v. National Labor Relations BoardCourt of Appeals for the Eighth Circuit · 1939
  3. Weber v. United Hardware & Implement Mutuals Co.North Dakota Supreme Court · 1948
  4. Nertney v. National Fire InsuranceSupreme Court of Iowa · 1925
  5. Rommel v. New Brunswick Fire Insurance Co.Supreme Court of Minnesota · 1943

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

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