Legal Opinion

Wustum v. City Fire Insurance

Wisconsin Supreme Court

Decided May 15, 1862PublishedCited by 11 opinions

APPEAL from the Circuit Court for Racine County. The principal facts in this case are stated in the opinion the court. The policy was silent as to the occupancy of the premises insured, and it was admitted on the trial that nothing was said by the parties at the time the insurance was made, or at either of the renewals, as to whether the premises were occupied or not, but that they were, at the time when the policy was issued and at the time of each renewal, occupied by…

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APPEAL from the Circuit Court for Racine County. The principal facts in this case are stated in the opinion the court. The policy was silent as to the occupancy of the premises insured, and it was admitted on the trial that nothing was said by the parties at the time the insurance was made, or at either of the renewals, as to whether the premises were occupied or not, but that they were, at the time when the policy was issued and at the time of each renewal, occupied by persons known to the agent of the company; that the premium paid for the insurance (and for each renewal) was at the lowest…

1Opinion of the Court

By the Court,

Cole, J.

This was an action to recover the amount due upon a policy of insurance. The appellant insured the respondent against loss or damage by fire, to the amount of eight hundred dollars, on his two-story wooden dwelling house, situate on block 58 of the school section in the city of Racine. It was stipulated and agreed in the policy, that the same was made and accepted in reference to the conditions thereto annexed, which were to be used and re*140sorted to in order to explain tbe rights and obligations of parties, in all cases not otherwise specially provided for. And case turns…

2Cited by11 opinions

  1. Cummins v. . Agricultural Insurance Co.New York Court of Appeals · 1876
  2. Dennison v. Phœnix InsuranceSupreme Court of Iowa · 1879
  3. Shackelton v. Sun Fire OfficeMichigan Supreme Court · 1884
  4. Devine v. Home Insurance Co.Wisconsin Supreme Court · 1873
  5. Moore v. Phœnix Fire InsuranceSupreme Court of New Hampshire · 1886

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