Russell v. Cedar Rapids Insurance
Supreme Court of Iowa
Appeal from Humboldt District Court. — Hon. G-eorge H. Carr, Judge. Action upon a policy of insurance against loss by fire on a barn and “on hay in the barn, or in stack on cultivated land.” The policy is based upon an application which is made a part thereof.
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Appeal from Humboldt District Court. — Hon. G-eorge H. Carr, Judge. Action upon a policy of insurance against loss by fire on a barn and “on hay in the barn, or in stack on cultivated land.” The policy is based upon an application which is made a part thereof. It is provided in the policy that, if any false statements are made in the application, or if the risk be increased in any manner except by the erection and use of outbuildings, or if the property be sold, or any change take place in the title, or if the assured mortgages or encumbers the same without the consent of the secretary of the…
1Opinion of the CourtGriven, C. J.
Fire insurance: action on policy: breach of conditions as to encumbrance: evidence. I. On the former appeal herein (71 Iowa, 69), it was held that ‘ ‘ the renewal or change of the encumbrance was not necessarily a breach of the condition of the policy. If the encumbrance' remaining upon the land unsold should be less in proportion to the quantity than was upon the land when the policy was issued, there was surely no breach of the condition against encumbrances; or if, for any reason, the hazard should not be increased by the change, so that no higher rate of premium would be demanded, there…
2Cases cited2 opinions
- Cook v. City of AnamosaSupreme Court of Iowa · 1885
- Russell v. Cedar Rapids Ins.Supreme Court of Iowa · 1887
3Cited by17 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Aachen & Munich Fire Ins. v. MortonCourt of Appeals for the Sixth Circuit · 1907
- Lee v. Agricultural InsuranceSupreme Court of Iowa · 1890
- Martin v. Capital InsuranceSupreme Court of Iowa · 1892
- Greenlee v. North British & Mercantile InsuranceSupreme Court of Iowa · 1897
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