Robinson v. Phœnix Insurance
Supreme Court of Iowa
Appeal from Des Moines District Court. Aotion upon a marine insurance policy. The contracting terms of the policy were as follows : “ The Phcenix Fire Insurance Company, of Brooklyn, New York, by this policy do cause to be insured, lost or not lost, Joseph M. Robinson, of Burlington, Iowa, in such sums on property at risk, as shall be specified by application, and mutually agreed upon and indorsed hereon.
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Appeal from Des Moines District Court. Aotion upon a marine insurance policy. The contracting terms of the policy were as follows : “ The Phcenix Fire Insurance Company, of Brooklyn, New York, by this policy do cause to be insured, lost or not lost, Joseph M. Robinson, of Burlington, Iowa, in such sums on property at risk, as shall be specified by application, and mutually agreed upon and indorsed hereon. Beginning the adventure upon said property from and after the lading thereof, and to continue until landed at the port of destination.” Then-follows the conditions, limitations,…
1Opinion of the CourtCole, J.
i. contbaot: alteration : insuranee policy, The only errors assigned are as to the refusing and .the giving of the instructions as shown in the preeeeding statement of the case. It must be ;J , , . _ . , borne m mind, that the alteration complained of was not of the policy while it was in force as such, for the purpose, or whereby the liability of the insurers was increased or varied; but that the alteration was made *435after the loss had occurred, and after the rights and liabilities of the respective parties were definitely fixed.
Whether an alteration is material or not is a question of law…
2Cited by7 opinions
- Rowley v. JewettSupreme Court of Iowa · 1881
- Iowa Valley State Bank v. SigstadSupreme Court of Iowa · 1895
- James & Haverstock v. DalbeySupreme Court of Iowa · 1899
- State ex rel. Nebraska State Bar Ass'n v. BachelorNebraska Supreme Court · 1941
- Briscoe v. ReynoldsSupreme Court of Iowa · 1879
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