Coles v. Iowa State Mutual Insurance
Supreme Court of Iowa
Appeal from Lee District Court. The policy upon which plaintiff seeks to recover was issued December 12, 1861, and continued for six years. In November, 1863, the property was destroyed by fire. The recovery is resisted upon the ground that plaintiff did not comply with the orders and rules of the company in reference to assessments made upon his premium note. All persons insured therein become members of the company and bound by the articles of incorporation.
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Appeal from Lee District Court. The policy upon which plaintiff seeks to recover was issued December 12, 1861, and continued for six years. In November, 1863, the property was destroyed by fire. The recovery is resisted upon the ground that plaintiff did not comply with the orders and rules of the company in reference to assessments made upon his premium note. All persons insured therein become members of the company and bound by the articles of incorporation. By one of these articles (15th), it is provided, that “ the directors shall, after receiving notice of any loss or damage by fire * *…
1Opinion of the Court
Wright, Ch. J.
1. Insurance: annulling policy. Three pointsare discussed by appellant’s counsel, which they claim are legitimately raised by demurrer. Four grounds are stated in the demurrer, all'resolving themselves, however, into tjie pr0pOS¡tion, whether the company, according to the terms of the policy, the articles of incorporation and by-laws, had the power to pass the resolution set forth in the answer. And the point made therein, and the only one, is that, under the power to annul, the company could not conditionally deprive the assured of the benefits of tbe policy, or, in other…
2Cases cited3 opinions
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- City of Davenport v. KelleySupreme Court of Iowa · 1858
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- Splawn v. ChewTexas Supreme Court · 1883
- Bauer v. Samson LodgeIndiana Supreme Court · 1885
- Green v. Board of TradeIllinois Supreme Court · 1898
- Walsh v. Ætna Life InsuranceSupreme Court of Iowa · 1870
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