Montgomery v. American Central Insurance
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Brown county: S. D. Hastings, Je., Circuit Judge. They contended, inter alia, that the appraisal agreement was represented by the defendant to be, and construed and acted upon by the parties to it as, an award under and pursuant to the terms of the policy, hence having the effect in said policy provided, and that by estoppel of construction defendant is denied the right to claim for it any other effect.
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Appeal from a judgment of tbe circuit court for Brown county: S. D. Hastings, Je., Circuit Judge. They contended, inter alia, that the appraisal agreement was represented by the defendant to be, and construed and acted upon by the parties to it as, an award under and pursuant to the terms of the policy, hence having the effect in said policy provided, and that by estoppel of construction defendant is denied the right to claim for it any other effect. The defendant company may not, by virtue of the provision of the policy, demand an appraisal and award, and then, having secured an advantage in…
1Opinion of the Court
Oassoday, O. J.
It appears from the record that at the times mentioned the plaintiff’s testatrix, Mollie Montgomery, owned two buildings at Iron Mountain, Michigan,— one a frame building and the other a brick building. On January 11, 1898, she held two policies of insurance against loss by fire on the frame building, which she had procured within the year immediately preceding,— one of $500 in the Northern Assurance Company of London, and the other of $500 in this defendant, Americmi Central Insurance Company of St. Louis; and each of such policies permitted concurrent insurance to the amount…
2Cases cited33 opinions
- Hamilton v. Liverpool, London & Globe InsuranceSupreme Court of the United States · 1890
- Dowling v. Lancashire InsuranceWisconsin Supreme Court · 1896
- Renier v. Dwelling House InsuranceWisconsin Supreme Court · 1889
- Alkan v. New Hampshire InsuranceWisconsin Supreme Court · 1881
- Herbst v. LoweWisconsin Supreme Court · 1886
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3Cited by13 opinions
- Dore v. Southern Pac. Co.California Supreme Court · 1912
- Vroman v. KempkeWisconsin Supreme Court · 1967
- Lower Baraboo River Drainage District v. SchirmerWisconsin Supreme Court · 1929
- Michels v. Western Underwriters' Ass'nMichigan Supreme Court · 1902
- Wisconsin Sulphite Fibre Co. v. D. K. Jeffris Lumber Co.Wisconsin Supreme Court · 1907
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