Oshkosh Gas Light Co. v. Germania Fire Insurance
Wisconsin Supreme Court
APPEAL from the County Court of Winnebago County. The following statement of the case was prepared by Mr. Justice Cassoday: February 8, 1885, the defendant issued to the plaintiffs its policy of insurance, whereby it insured the plaintiffs against loss by fire to the amount of $750 in several sums, upon six separate pieces of property, some of which were real estate, and some personal property, including “ $180 on the frame store-house building and shed adjoining, including…
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APPEAL from the County Court of Winnebago County. The following statement of the case was prepared by Mr. Justice Cassoday: February 8, 1885, the defendant issued to the plaintiffs its policy of insurance, whereby it insured the plaintiffs against loss by fire to the amount of $750 in several sums, upon six separate pieces of property, some of which were real estate, and some personal property, including “ $180 on the frame store-house building and shed adjoining, including scales.” B.y the terms of the policy, “ $15,000 concurrent insurance” was “permitted,” m the aggregate, on the whole…
1Opinion of the CourtOassoday, J.
1. Upon the verdict of the jury it must be assumed that the building mentioned was wholly destroyed by the fire. At the time of such destruction it was insured in seven different companies, in the aggregate $2,700, one fifteenth of which was in the defendant company. The evidence tended to show that the value of the building at the time of the fire was about $1,200. The defendant concedes that, if it is liable at all, it should pay its proportionate share of the true value of the building, but insists that it is not bound to pay the amount specified in the policy. The contract of insurance…
2Cases cited8 opinions
- Gans v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1877
- Hollis v. State InsuranceSupreme Court of Iowa · 1884
- Webster v. Phœnix InsuranceWisconsin Supreme Court · 1874
- Reilly v. Franklin Insurance Co. of St. LouisWisconsin Supreme Court · 1877
- Cannon v. Home Insurance Company of New YorkWisconsin Supreme Court · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Havens v. Germania Fire InsuranceSupreme Court of Missouri · 1894
- Renier v. Dwelling House InsuranceWisconsin Supreme Court · 1889
- Dugger v. Insurance Co.Tennessee Supreme Court · 1895
- Grubbs v. North Carolina Home InsuranceSupreme Court of North Carolina · 1891
- Lancashire Insurance v. BushNebraska Supreme Court · 1900
37 more not listed; retrieve them via the Exa API.