Keenan v. Dubuque Mutual Fire Insurance
Supreme Court of Iowa
Appeal from, Dubuque City Court. The defendant, upon the 6th day of December, 1856, issued a policy of insurance to the Odd Fellows’Hall Association, upon a building owned by them, in the City of Dubuque. The policy was to run for six years.
Read the full summary
Appeal from, Dubuque City Court. The defendant, upon the 6th day of December, 1856, issued a policy of insurance to the Odd Fellows’Hall Association, upon a building owned by them, in the City of Dubuque. The policy was to run for six years. The building was destroyed by fire in May, 1859. The plain? tiff having obtained judgment against said association, notice of garnishment was duly served upon the defendants, and, an issue being made upon the answer of the garnishee, there was a'trial by jury, and verdict for the plaintiff. Defendant appeals. 1. No notice of loss was given forthwith, as…
1Opinion of the CourtBaldwin, C. J.
The defendants claim that they are not liable upon their contract of insurance, for the reason that the assured rented the building for a theatre, and permitted stage scenery to be introduced therein, in direct violation of the conditions of the policy; that by the introduction of “ stage scenery,” the risk became extra-hazardous, the fire facilitated thereby, and that the plaintiff should not recover. The plaintiff denies that there was any condition in the policy that was violated by the acts of the association in permitting such scenery, &c., to be introduced; that if the said policy was…
2Cases cited3 opinions
- Fulton Bank v. New-York & Sharon Canal Co.New York Court of Chancery · 1833
- Farmers & Citizens' Bank v. PayneSupreme Court of Connecticut · 1857
- Keenan v. Missouri State Mutual InsuranceSupreme Court of Iowa · 1861
3Cited by12 opinions
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Ayres v. Hartford Fire InsuranceSupreme Court of Iowa · 1864
- German-American Insurance v. YeagleyIndiana Supreme Court · 1904
- Home Insurance & Banking Co. v. LewisTexas Supreme Court · 1878
- Caffee v. BerkleySupreme Court of Iowa · 1908
7 more not listed; retrieve them via the Exa API.