Revere Fire Insurance v. Chamberlin
Supreme Court of Iowa
Appeal from, Des M'ornes District Cowri. Action to cancel’ a policy of insurance. The policy was issued to the defendant Chamberlin by the plaintiff’s agent George A. Duncan, covering a stock of goods which was destroyed by fire. The plaintiff avers that the policy was wrongfully and fraudulently issued; that the loss had already occurred, as the “defendant and Duncan well knew, and that the policy was not issued in pursuance of a -previous agreement by parol.
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Appeal from, Des M'ornes District Cowri. Action to cancel’ a policy of insurance. The policy was issued to the defendant Chamberlin by the plaintiff’s agent George A. Duncan, covering a stock of goods which was destroyed by fire. The plaintiff avers that the policy was wrongfully and fraudulently issued; that the loss had already occurred, as the “defendant and Duncan well knew, and that the policy was not issued in pursuance of a -previous agreement by parol. The defendant concedes that the policy was issued after the loss, but denies that it was not issued in pursuance of a previous…
1Opinion of the Court
Adams, Oh. J.
That insurance may be effected by parol is well settled. See The City of Davenport v. Peoria M. & F. *509Insurance Company, 17 Iowa, 276, and cases cited. That insurance may not be thus effected the appellant does not seriously conteud, but it insists that according to the preponderance of the evidence no parol agreement for insurance was made. •
■ It appears from the evidence that Chamberlin had been previously insured in the Commercial Insurance Company of St. Louis, which was represented by Duncan. This company became insolvent, and Duncan agreed with Chamberlin to take up the…
2Cases cited2 opinions
- City of Davenport v. Peoria Marine & Fire InsuranceSupreme Court of Iowa · 1864
- Woodruff v. GarnerIndiana Supreme Court · 1866
3Cited by5 opinions
- Field v. Missouri Life Ins. Co.Utah Supreme Court · 1930
- Lapham v. OsborneNevada Supreme Court · 1888
- Ryan v. AmodeoSupreme Court of Iowa · 1933
- Chambers v. Home Mutual InsuranceSupreme Court of Iowa · 1932
- McCargar v. WileyOregon Supreme Court · 1924