State Ins. Co. of Des Moines v. Taylor
Supreme Court of Colorado
Appeal from District Court of Chaffee County. /'On the 30th day of January, 1885, appellant issued to appellee a policy of insurance on his frame house, used as a residence, in the village or town of Hancock, Chaffee county, and its contents, including wearing apparel, family stores and provisions, for the sum of $1,200,— $800 being on the building and $100 on the contents; insuring against fire and lightning for one year for a premium of $48., In the body of the policy…
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Appeal from District Court of Chaffee County. /'On the 30th day of January, 1885, appellant issued to appellee a policy of insurance on his frame house, used as a residence, in the village or town of Hancock, Chaffee county, and its contents, including wearing apparel, family stores and provisions, for the sum of $1,200,— $800 being on the building and $100 on the contents; insuring against fire and lightning for one year for a premium of $48., In the body of the policy appears the following: / “ And it is expressly understood and agreed by the parties hereto that application and survey No.…
1Opinion of the Court
Reed, O.
It is contended by appellant in argument that the appellee, by setting out in his complaint the application for insurance from the back of the policy, upon which his name appeared, indorsed it as his act and made it a part of the contract sued upon, and was estopped from denying it. The pleader set out the policy of insurance as the basis of his action, and then says: “On the back of the policy is a copy of the application made for the insurance, in writing and print, as follows.” It is neither indorsed as correct nor adopted as or stated to he the application of the insured.
The…
2Cases cited11 opinions
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
- Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
- Woodbury Savings Bank & Building Ass'n v. Charter Oak Fire & Marine InsuranceSupreme Court of Connecticut · 1863
- N. E. Fire & M. Ins. v. SchettlerIllinois Supreme Court · 1865
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3Cited by36 opinions
- McAnarney v. Newark Fire InsuranceNew York Court of Appeals · 1928
- Jennings v. Brotherhood Accident Co.Supreme Court of Colorado · 1908
- Gold Issue Mining & Milling Co. v. Pennsylvania Fire InsuranceSupreme Court of Missouri · 1916
- Militello v. PeopleSupreme Court of Colorado · 1934
- Pacific Mutual Life Insurance v. Van FleetSupreme Court of Colorado · 1910
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