Zalesky v. Iowa State Insurance
Supreme Court of Iowa
Appeal from Benton District Court.- — Hon. Gr. W. Burn-ham, Judge. Action at law upon a policy of fire insurance. Trial to a jury. The court below directed a verdict for plaintiff, and defendant 'appeals. —
1Opinion of the CourtDeemer, J.
The issuance of the policy in suit, which covered a two-story brick building in the city of Belle Plaine, a meat cutter and an engine and boiler; the destruction of the building by fire, and the giving of proper proofs of loss, are all admitted. The defendant, in defense, pleaded a former suit pending in Lee county, which went to judgment before the commencement of this action. It also pleaded concurrent insurance upon the property, and set out this provision of plaintiff’s policy: “The directors shall have the right to rebuild the building or repair the same, and the assured shall furnish…
2Cases cited8 opinions
- Ten Eyck v. Pontiac, Oxford & Port Austin RailroadMichigan Supreme Court · 1889
- Morrell v. . Irving Fire Insurance Co.New York Court of Appeals · 1865
- Athearn v. Independent District of MillersburgSupreme Court of Iowa · 1871
- Beals v. . the Home Insurance Co.New York Court of Appeals · 1867
- Wixom v. StephensMichigan Supreme Court · 1869
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3Cited by11 opinions
- Brown v. FletcherCourt of Appeals for the Sixth Circuit · 1910
- Samuels v. Illinois Fire Insurance CompanyMissouri Court of Appeals · 1962
- Cummings v. Pennsylvania Fire InsuranceSupreme Court of Iowa · 1912
- Dosland v. Preferred Risk Mutual InsuranceSupreme Court of Iowa · 1951
- Cussler v. Firemen's Insurance Co. of NewarkSupreme Court of Minnesota · 1935
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