Northern Pine Crating Co v. Liverpool & London & Globe Insurance Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas county: Charles Smith, Judge. This action was brought on an insurance policy containing the following provision: “This policy may be canceled at any time at the request of the insured, who shall thereupon be entitled to a return of the portion of the premium remaining after deducting the customary short rates for the time this policy shall have been in force.
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Appeal from a judgment of the superior court of Douglas county: Charles Smith, Judge. This action was brought on an insurance policy containing the following provision: “This policy may be canceled at any time at the request of the insured, who shall thereupon be entitled to a return of the portion of the premium remaining after deducting the customary short rates for the time this policy shall have been in force. The company also reserves the right, after giving written notice to the insured and to any mortgagee to whom this policy is made payable, and tendering to the insured a ratable…
1Opinion of the CourtKekwiN, J.
The facts are undisputed, and the question arises whether they established a cancellation of the policy by mutual consent. It is conceded by appellant that, under the policy, ten days’ notice to respondent was necessary before cancellation could be effected, by it without the consent of the respondent. But it is contended that the evidence shows a cancellation otherwise than according to the terms of the policy, namely, by mutual consent. The evidence shows without dispute the execution and delivery of the policy Eebruary 28, 1909, running for one year, covering respondent’s manufacturing…
2Cases cited4 opinions
- John R. Davis Lumber Co. v. Hartford Fire InsuranceWisconsin Supreme Court · 1897
- Hartford Fire Insurance Co. v. TewesAppellate Court of Illinois · 1907
- Wicks Bros. v. Scottish Union & National InsuranceWisconsin Supreme Court · 1900
- Bradshaw Bros. & Co. v. Fire InsuranceSupreme Court of Minnesota · 1903
3Cited by3 opinions
- American National Insurance v. HamiltonSupreme Court of Arkansas · 1936
- Cohn v. Mechanics & Traders InsuranceAppellate Court of Illinois · 1912
- Miller v. Continental InsuranceSupreme Court of Minnesota · 1922