Wilhelmi v. Des Moines Insurance
Supreme Court of Iowa
Appeal from Folk District Court. — Hon. Charles A. Bishop, Judge. Action on a policy of insurance, to which, there was a defense that the action was prematurely brought, and that the insured violated certain conditions of the policy. There was a trial to the court without a jury, and a judgment for the plaintiff. The defendant appeals. This action is based upon .a policy of insurance executed by the defendant, and covering a stock of goods of the plaintiff.
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Appeal from Folk District Court. — Hon. Charles A. Bishop, Judge. Action on a policy of insurance, to which, there was a defense that the action was prematurely brought, and that the insured violated certain conditions of the policy. There was a trial to the court without a jury, and a judgment for the plaintiff. The defendant appeals. This action is based upon .a policy of insurance executed by the defendant, and covering a stock of goods of the plaintiff. The necessary averments are made in the petition and amendment thereto, and attached to it was a copy of the policy, which contains the…
1Opinion of the CourtKinne, J.
1. First insurance: loss: action prematurely brought. I. It is insisted by the appellant that this action was prematurely brought. It will be observed that the proofs of loss were furnished October 4, 1889, and the action begun . . , n ,, !r more than .sixty and less than ninety days thereafter. Our statute provides ( McClain’s Code, section 1734) “that no action shall be begun within ninety days after notice of such [loss] has been given.” It is clear that the notice of the fire given on September 22, 1889, was not the notice contemplated by the statute, from which the ninety day period…
2Cases cited7 opinions
- Quinn v. Capital InsuranceSupreme Court of Iowa · 1887
- Taylor v. Merchants & Bankers' InsuranceSupreme Court of Iowa · 1891
- Beard & Sons v. St. Louis, Alton & Terbe Haute Railway Co.Supreme Court of Iowa · 1890
- Von Genechtin v. Citizens' Insurance Co.Supreme Court of Iowa · 1888
- Vore v. Hawkeye InsuranceSupreme Court of Iowa · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Parsons v. Grand Lodge of Ancient Order of United WorkmenSupreme Court of Iowa · 1899
- Wilhelmi v. Des Moines InsuranceSupreme Court of Iowa · 1897
- Blood v. Hawkeye InsuranceSupreme Court of Iowa · 1897
- Woodcock v. Hawkeye InsuranceSupreme Court of Iowa · 1896
- Hansell v. Farmers Mutual Hail InsuranceSupreme Court of Iowa · 1929