Legal Opinion

Mickey v. Burlington Ins.

Supreme Court of Iowa

Decided October 10, 1872PublishedCited by 30 opinions

Appeal from Des Movnes DisPriot Gov/rt. Action upon a policy of insurance against loss by fire upon tbe dwelling-house and household furniture of plaintiff. By stipulations in the policy the application of plaintiff for insurance and the survey of the premises are made parts of the instrument with a warranty on the part of the insured.

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Appeal from Des Movnes DisPriot Gov/rt. Action upon a policy of insurance against loss by fire upon tbe dwelling-house and household furniture of plaintiff. By stipulations in the policy the application of plaintiff for insurance and the survey of the premises are made parts of the instrument with a warranty on the part of the insured. A condition of the contract requires the assured, in case of loss, to give “ forthwith ” notice thereof, and to render, as soon after as possible, a particular account of such loss, signed and sworn to by the assured, stating the existence of other insurance,…

1Opinion of the Court

Beok, Oh. J.

l.insurance: ditíons ? effect of negligence, The facts in regard to the cause and origin of the fire which destroyed the property insured are not contested. They are as follows: The PIPe a stove used in the house passed through the floor of an upper chamber, thence with an elbow into a flue built in the wall. This stove, not being required for use in the summer months, was usually removed. With the intention of removing it, the wife of plaintiff took down the pipe in the second story chamber, and placed a bed over the hole in the floor through which the pipe passed, but she…

2Cases cited9 opinions

  1. The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
  2. Turley v. North American Fire InsuranceNew York Supreme Court · 1841
  3. Bates v. PricketIndiana Supreme Court · 1854
  4. Peterson v. Miss. Valley Ins.Supreme Court of Iowa · 1868
  5. Troy Fire Insurance v. CarpenterWisconsin Supreme Court · 1856

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

3Cited by30 opinions

  1. Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
  2. Bergeron v. MansourCourt of Appeals for the First Circuit · 1945
  3. Steel v. Phenix Ins.Court of Appeals for the Ninth Circuit · 1892
  4. Karow v. Continental InsuranceWisconsin Supreme Court · 1883
  5. Allemania Fire Insurance v. PeckIllinois Supreme Court · 1890

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

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