Dull v. Royal Insurance
Michigan Supreme Court
Error to Wayne; Rohnert, J. Assumpsit by John H. Dull, trustee, against the Royal Insurance Company on a policy of insurance. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.
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Error to Wayne; Rohnert, J. Assumpsit by John H. Dull, trustee, against the Royal Insurance Company on a policy of insurance. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error. Plaintiff sues in assumpsit to recover on a tornado insurance policy, issued by defendant to one Pfuntner, June 15, 1907. Defendant pleaded the general issue, and set up as a special defense that the title to the property insured had been changed after the date of the policy, and before the loss, without the consent of defendant indorsed in writing on said policy,…
1Opinion of the CourtBrooke, J.
(after stating the facts). We are of opinion that the policy in question must be held to have been void at the time of its issuance, by reason of the fact that Pfuntner was not at that time “the sole and unconditional owner in fee of said property,” or became void upon the transfer of title to plaintiff, without consent of defendant, unless it can be said that Beiderman knew of the condition of the title at the time the insurance was *674written, that he knew of the transfer from Pfuntner to Dull, trustee, and that his knowledge was binding upon defendant. Jaskulski v. Insurance Co., 131 Mich.…
2Cases cited18 opinions
- New-York Central Ins. Co. v. . National Protection Ins. Co.New York Court of Appeals · 1856
- Marthinson v. North British & Mercantile InsuranceMichigan Supreme Court · 1887
- Cleaver v. Traders' InsuranceMichigan Supreme Court · 1888
- Burnham v. Interstate Casualty Co.Michigan Supreme Court · 1898
- Arispe Mercantile Co. v. Capital InsuranceSupreme Court of Iowa · 1907
13 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Aetna Insurance v. Indiana National Life InsuranceIndiana Supreme Court · 1921
- Martinek v. Firemen's InsuranceMichigan Supreme Court · 1929
- Zeitler v. Concordia Fire InsuranceMichigan Supreme Court · 1912
- Lawson v. Twin City Fire Ins. Co.District Court, E.D. Kentucky · 1932
- Sweeney v. Travelers' InsuranceMichigan Supreme Court · 1917