Harris & Cole Bros. v. Royal Canadian Insurance
Supreme Court of Iowa
Appeal from Webster Circuit Gov/rt. The defendant issued its policy of insurance to tbe plaintiffs, by which, it contracted to insure the plaintiffs against loss or damage by fire to certain goods and chattels. Tbe property is described in the policy as follows: “* * * their stock of pumps, lightning rods, wagons, cutters and pump tools, contained in the one store frame building situated on the north side of the public square, and west of dth street, Fort Dodge," Iowa.”
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Appeal from Webster Circuit Gov/rt. The defendant issued its policy of insurance to tbe plaintiffs, by which, it contracted to insure the plaintiffs against loss or damage by fire to certain goods and chattels. Tbe property is described in the policy as follows: “* * * their stock of pumps, lightning rods, wagons, cutters and pump tools, contained in the one store frame building situated on the north side of the public square, and west of dth street, Fort Dodge," Iowa.” It was further provided in the policy that in case of loss or damage by fire, and in making proof of loss, “ the assured…
1Opinion of the CourtRothrock, J.
i insurance ■ o?npoiicy mescrrption. I. It is not denied that, if there had been á specified escription of the one story frame building on the north s^e public square, west of Fourth street, set °ut ^e policy, a removal of the property insured to another building would have avoided the policy. But it is insisted that as no particular building is described in the policy the removal to another building answering the same general description, as to structure and location, was no violation of the contract of insurance. We think the building was described in such a manner that there could be no…
2Cases cited1 opinion
- McCluer v. Girard Fire & Marine Ins.Supreme Court of Iowa · 1876
3Cited by6 opinions
- Levinton v. Ohio Farmers InsuranceSupreme Court of Pennsylvania · 1920
- Fireman's Fund Insurance v. Aachen & Munich Fire InsuranceCalifornia Court of Appeal · 1906
- Houdeck v. Merchants & Bankers InsuranceSupreme Court of Iowa · 1897
- Schmidt v. Williamsburgh City Fire InsuranceNebraska Supreme Court · 1914
- Harle, Haas & Co. v. Council Bluffs Ins.Supreme Court of Iowa · 1887
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