Weigen v. Council Bluffs Insurance
Supreme Court of Iowa
Appeal from Howard District Court. — Hon. L. E. Fellows, Judge. Action on insurance policy. Trial to court. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtLadd, J.
This action was begun November 9, 1895, on an insurance policy issued by the defendant November 6, 1894, covering furniture, fixtures, and merchandise which were destroyed by fire May 18, 1895. The contract of limitations had not run. Reed v. Insurance Co., 108 Iowa, 307. In the view taken, it becomes immaterial whether Nason was an adjusting agent for defendant, or what he said or did; for, if the existence of the mortgage was not a violation of the conditions of the policy, the failure to *411disclose it in the proof of loss, if shown, would not amount to fraudulent concealment forfeiting all…
2Cases cited4 opinions
- Hubbard & Spencer v. Hartford Fire Ins.Supreme Court of Iowa · 1871
- Allen v. Central RailroadSupreme Court of Iowa · 1876
- Des Moines Brick Manufacturing Co. v. SmithSupreme Court of Iowa · 1899
- Behrens v. Germania Fire Ins.Supreme Court of Iowa · 1884
3Cited by15 opinions
- Liken v. ShafferDistrict Court, N.D. Iowa · 1946
- State Central Savings Bank v. St. Paul Fire & Marine InsuranceSupreme Court of Iowa · 1918
- Reed v. HollingsworthSupreme Court of Iowa · 1912
- Cone v. Century Fire InsuranceSupreme Court of Iowa · 1908
- Downey v. National Fire InsuranceWest Virginia Supreme Court · 1915
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