Matthews v. Capital Fire Insurance
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas county: A. J. Votje, Circuit Judge. Action upon a fire insurance policy. The insurance contract was in the form of the standard policy required by the laws of this state. It contained this provision: “This entire policy . . . shall be void ... if' the interest of the insured be other than unconditional and sole ownership.”
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Appeal from a judgment of the circuit court for Douglas county: A. J. Votje, Circuit Judge. Action upon a fire insurance policy. The insurance contract was in the form of the standard policy required by the laws of this state. It contained this provision: “This entire policy . . . shall be void ... if' the interest of the insured be other than unconditional and sole ownership.” The fact was, as shown in the complaint, that such interest was that of a vendee under a land contract. The policy also contained a provision requiring proofs of loss after the happening of a fire, and before tbe lapse…
1Opinion of the CourtMarshall, J.
The assignments of error raise three questions which will be considered in their order.
1. Is the interest of a vendee of realty under a land contract “sole and unconditional ownership” within the meaning of that provision of the standard policy requiring such ownership as a condition precedent to the validity of an insurance contract made in accordance therewith ? This court held contrary-to appellant’s position on that point in Davis v. Pioneer F. Co. 102 Wis. 394, 78 N. W. 596. That decision is in harmony with holdings of this court made prior to the enactment of the standard policy law.…
2Cases cited20 opinions
- Loventhal v. Home InsuranceSupreme Court of Alabama · 1895
- Hoile v. BaileyWisconsin Supreme Court · 1883
- Franklin Fire Insurance v. Chicago Ice Co.Court of Appeals of Maryland · 1872
- Pennsylvania Fire Ins. v. HughesCourt of Appeals for the Fifth Circuit · 1901
- Traveler's Insurance v. HarveySupreme Court of Virginia · 1885
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3Cited by19 opinions
- Welch v. Fire Ass'n of PhiladelphiaWisconsin Supreme Court · 1904
- Miller v. Sovereign Camp Woodmen of the WorldWisconsin Supreme Court · 1909
- Kreutzer v. LynchWisconsin Supreme Court · 1904
- Arkansas Ins. Co. v. CoxSupreme Court of Oklahoma · 1908
- Gipps Brewing Corp. v. Central Manufacturers' Mut. Ins.Court of Appeals for the Seventh Circuit · 1945
14 more not listed; retrieve them via the Exa API.