Legal Opinion

Eagle Fire Co. v. Globe Loan & Trust Co.

Nebraska Supreme Court

Decided April 3, 1895No. 5973PublishedCited by 17 opinions

Error from the district court of Douglas county. Tried below before Doane, J. The opinion contains a statement of the case. Where a policy of insurance contains a stipulation that if the assured shall have or shall subsequently obtain additional insurance upon property insured, without the consent of the company indorsed in writing on the policy, the same shall be void, said stipulation is material, and lawful, and will be upheld. (Herman Ins.

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Error from the district court of Douglas county. Tried below before Doane, J. The opinion contains a statement of the case. Where a policy of insurance contains a stipulation that if the assured shall have or shall subsequently obtain additional insurance upon property insured, without the consent of the company indorsed in writing on the policy, the same shall be void, said stipulation is material, and lawful, and will be upheld. (Herman Ins. Co. v. Heldak, 30 Neb., 288; Zinck v. Phoenix Ins. Co., 60 la., 266; Sugg v. Hartford Fire Ins. Co., 98 N. Car., 143; Phenix Ins. Co. v. Lamar, 106…

1Opinion of the Court

Ragan, C.

This is a suit brought in the district court of Douglas county against the Eagle Eire Company (hereinafter called the “Insurance Company”) upon an ordinary policy of fire insurance issued by the Insurance Company to one Ida W'. Brown, insuring certain property of hers against loss or damage by fire from noon of the 13th day of March, 1890, to noon of the 13th day of March 1895. The suit is brought by Henry G. Hubbard, Mrs. Brown’s assignee. *385Pending the action Hubbard died, and the suit was revived in the name of his executors. The connection of the Globe Eoan & Trust Company with the…

2Cases cited5 opinions

  1. Gans v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1877
  2. Bennett v. Council Bluffs Ins.Supreme Court of Iowa · 1887
  3. Hughes v. Insurance Co. of North AmericaNebraska Supreme Court · 1894
  4. German Ins. v. HeidukNebraska Supreme Court · 1890
  5. Phenix Insurance v. CoveyNebraska Supreme Court · 1894

3Cited by17 opinions

  1. Home Fire Insurance v. KuhlmanNebraska Supreme Court · 1899
  2. Jensen v. Palatine InsuranceNebraska Supreme Court · 1908
  3. Home Fire Insurance v. WoodNebraska Supreme Court · 1897
  4. Phenix Insurance v. HolcombeNebraska Supreme Court · 1899
  5. Farmers Mutual Insurance v. Home Fire InsuranceNebraska Supreme Court · 1898

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