Wilkins v. Germania Fire Insurance
Supreme Court of Iowa
Appeal from Guthrie District Court. Action upon a policy of fire insurance, executed to the plaintiff by the defendants, the Germania Fire Insurance Co. and the Hanover Fire Insurance Co. The defendants for answer set up certain alleged breaches of warranty, and also a failure to serve proof of loss.
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Appeal from Guthrie District Court. Action upon a policy of fire insurance, executed to the plaintiff by the defendants, the Germania Fire Insurance Co. and the Hanover Fire Insurance Co. The defendants for answer set up certain alleged breaches of warranty, and also a failure to serve proof of loss. After the plaintiff had introduced evidence on his part and rested, the defendants demurred to the evidence and moved to take the case from the jury, and to dismiss it for want of any evidence upon which a recovery could be based. The court overruled the motion and rendered judgment for the…
1Opinion of the Court
Adams, Ch. J.
1. INSDllanob : warrantv: burden of prooí. I. The policy was issued upon a writ ten application, and the insured covenanted that the statements contained in the application were “a just, full, and true exposition of all the facts and circumstances in regard to the condition, situation and value of the property to be insured, so far as the same are known to the applicant.” It was also provided, both in the application and policy, that the statements of the application should be deemed warranties.
In the application it was stated, among other things, that the exposures on the east,…
2Cases cited4 opinions
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Jefferson Insurance v. H. & D. Cotheal.New York Supreme Court · 1831
- Miller v. Mutual Benefit Life InsuranceSupreme Court of Iowa · 1871
- McLoon v. Commercial Mutual InsuranceMassachusetts Supreme Judicial Court · 1868
3Cited by6 opinions
- State v. CarterSupreme Court of Iowa · 1900
- Service Life Insurance v. McCulloughSupreme Court of Iowa · 1944
- Murray v. Brotherhood of American YeomenSupreme Court of Iowa · 1917
- Post v. Grand Lodge Ancient Order of United Workmen of IowaSupreme Court of Iowa · 1930
- Holabird v. Atlantic Mut. Life Ins. Co.U.S. Circuit Court for the District of Eastern Missouri · 1873
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