Woodard v. German-American Insurance Co. of New York
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Price county: Johh IL PARISH, Circuit Judge. This action was brought to recover $1,000, loss under a Wisconsin standard fire insurance policy contract issued by defendant to plaintiff O. W. Woodard on a store building. There was attached to the policy a clause providing for payment to plaintiff Anna Ulwelling as her interest might appear.
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Appeal from a judgment of the circuit court for Price county: Johh IL PARISH, Circuit Judge. This action was brought to recover $1,000, loss under a Wisconsin standard fire insurance policy contract issued by defendant to plaintiff O. W. Woodard on a store building. There was attached to the policy a clause providing for payment to plaintiff Anna Ulwelling as her interest might appear. The insured, Woodard, and mortgagee, Ulwellvtvg, brought suit to recover on the policy, claiming a total loss. The defendant contested the right to recover on three separate and distinct grounds: (1) That prior…
1Opinion of the Court
Tbe following opinion was filed January 30, 1906:
EúsRWIN, J.
It is undisputed that after tbe issuance of tbe policy an 'action to foreclose a mortgage owned by plaintiff Ulwelling upon the property insured was commenced without *4the consent of the defendant and with the knowledge of the insured, Woodard, and it is not seriously disputed but that the commencement of such action worked a forfeiture of the policy; but it is claimed on the part of the plaintiffs that such forfeiture was waived by defendant, and that by its acquiescence in the foreclosure proceedings, receipt of proofs of loss, and…
2Cases cited16 opinions
- Gans v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1877
- Hankins v. Rockford Insurance Co.Wisconsin Supreme Court · 1887
- Welch v. Fire Ass'n of PhiladelphiaWisconsin Supreme Court · 1904
- Renier v. Dwelling House InsuranceWisconsin Supreme Court · 1889
- Oshkosh Gas Light Co. v. Germania Fire InsuranceWisconsin Supreme Court · 1888
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- MacK v. Liverpool & London & Globe InsuranceIllinois Supreme Court · 1928
- State ex rel. American Fire Insurance v. EllisonSupreme Court of Missouri · 1916
- Howrey v. Star Insurance Co. of AmericaWyoming Supreme Court · 1934
- J. I. Kelly Co. v. Saint Paul Fire & Marine InsuranceSupreme Court of Florida · 1908
- Webber v. Fidelity Lloyds of AmericaCourt of Appeals of Texas · 1925
4 more not listed; retrieve them via the Exa API.