Roberts v. Continental Insurance Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Wvnnebago County. Action upon a policy of insurance issued by tbe defendant) to recover for tbe loss by fire of a building in Oshkosh covered by tbe policy. It appears from tbe pleadings and proofs, that on June 27, 1870, tbe defendant issued a policy for $1,200 on such building, for three years, to one Lines, who then owned tbe building.
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APPEAL from tbe Circuit Court for Wvnnebago County. Action upon a policy of insurance issued by tbe defendant) to recover for tbe loss by fire of a building in Oshkosh covered by tbe policy. It appears from tbe pleadings and proofs, that on June 27, 1870, tbe defendant issued a policy for $1,200 on such building, for three years, to one Lines, who then owned tbe building. On the 26th of May, 1872, Lines procured another three-years policy on tbe same building for $600, from tbe Phoenix Insurance Company. The consent of that company to $1,200 additional insurance was indorsed on tbe policy. On…
1Opinion of the CourtLyoN, J.
I. The first question which claims consideration is, whether the fact (as found by the jury) that the agents of the defendant by whom the policy in suit was issued,-had notice, when they issued, the same, of the previous insurance of $600 in the Phoenix Company, is a waiver of the condition that the policy shall be void unless the consent of the defendant to such previous insurance be written in it.
This question was elaborately argued, and a long array of authorities cited by counsel on either side to support their respective views. Rut it is unnecessary to comment on the cases; for the…
2Cases cited3 opinions
- Insurance Co. v. WeideSupreme Court of the United States · 1871
- Killips v. Putnam Fire InsuranceWisconsin Supreme Court · 1871
- Miner v. Phœnix InsuranceWisconsin Supreme Court · 1871
3Cited by12 opinions
- Liverpool & London & Globe Insurance v. EndeTexas Supreme Court · 1885
- Welch v. Fire Ass'n of PhiladelphiaWisconsin Supreme Court · 1904
- Schomer v. Hekla Fire InsuranceWisconsin Supreme Court · 1880
- Eagle Fire Co. v. LewallenSupreme Court of Florida · 1908
- Hinz v. Van DusenWisconsin Supreme Court · 1897
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