Loomis v. Rockford Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. This is an action upon a policy of insurance to recover for a loss hy fire of a portion of the insured property.
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APPEAL from the Circuit Court for Dane County. This is an action upon a policy of insurance to recover for a loss hy fire of a portion of the insured property. The first paragraph of the policy is as follows: “ The Rockford Insurance Gompaivy of Rockford, Illinois, in consideration of a note for $16.50, due July 1st, 1886, does insure G. H. Loomis and his legal representatives against loss or damage by fire or lightning to the amount of $1,100, as follows: $300 on lf-story frame dwelling-house No. 1, and additions, thereto, including foundation and cellar walls, occupied by -as a private…
1Opinion of the CourtLyoN, J.
If, as the learned circuit judge held, the contract of insurance is entire and indivisible, the conveyance by the plaintiff of the Burke farm, on which stood dwelling-house No. 1, without the consent of the secretary of the defendant company, before certain other of the insured property was burned, renders the whole policy null and void, and the nonsuit was properly ordered; otherwise not. In the cases of Hinman v. Hartford F. Ins. Co. 36 Wis. 159, and Schumitsch v. Am. Ins. Co. 48 Wis. 26, the contracts of insurance there in question were held indivisible. In those cases the property insured…
2Cases cited17 opinions
- Hartford Fire Insurance v. WalshIllinois Supreme Court · 1870
- Havens v. Home InsuranceIndiana Supreme Court · 1887
- Merrill v. . Agricultural Ins. Co.New York Court of Appeals · 1878
- Quarrier v. Peabody Insurance Co.West Virginia Supreme Court · 1877
- Loehner v. Home Mutual InsuranceSupreme Court of Missouri · 1852
12 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Severson v. Milwaukee Automobile InsuranceWisconsin Supreme Court · 1953
- Boatner v. Providence-Washington Ins. Co.Texas Commission of Appeals · 1922
- Goorberg v. the Western Assurance Co.California Supreme Court · 1907
- Republic County Mutual Fire Insurance v. JohnsonSupreme Court of Kansas · 1904
11 more not listed; retrieve them via the Exa API.