Fitzgerald v. Connecticut Fire Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action upon a policy of insurance against fire covering a dwelling-house and other farm buildings. The dwelling-house was destroyed by fire November 14, 1883. The evidence given upon the trial and the special findings of the jury are sufficiently stated in the opinion. The defendant appealed from a judgment in favor of the plaintiff.
1Opinion of the CourtCole, C. J.
This is an action upon a policy of insurance. The policy was issued November 22, 1880, on a dwelling-house, frame granary, and horse-barn — three separate buildings — for the term of three years. The policy stated that the premises were occupied by a tenant. The tenant remained on the premises for a year or more and then left. It is practically conceded that the buildings were vacant and unoccupied for some time thereafter. The policy contained the condition that if the premises became vacant or unoccupied, and so remained for more than ten days, without notice to and consent of the company…
2Cases cited3 opinions
- Herrman v. . Adriatic Fire Insurance Co.New York Court of Appeals · 1881
- Ashworth v. Builders' Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1873
- American Insurance v. PadfieldIllinois Supreme Court · 1875
3Cited by11 opinions
- Weidert v. State Insurance Co.Oregon Supreme Court · 1890
- Agricultural Insurance v. Hamilton ex rel. HopkinsCourt of Appeals of Maryland · 1895
- Continental Insrance Co. of New York City v. KyleIndiana Supreme Court · 1890
- Schuermann v. Dwelling House InsuranceIllinois Supreme Court · 1896
- Kircher v. Milwaukee Mechanics' Mutual InsuranceWisconsin Supreme Court · 1889
6 more not listed; retrieve them via the Exa API.