Legal Opinion

Britven v. Occidental Insurance

Supreme Court of Iowa

Decided April 4, 1944No. 46446PublishedCited by 21 opinions

1Opinion of the CourtGarfield, J.

Under the coinsurance clause in the policy, the insurer is liable only for such percentage of the loss as $4,000, the face of the policy, bears to eighty per cent of the actual cash value of the building immediately before the fire. The insured must bear the balance of the loss. It is therefore apparent that it is to plaintiff’s advantage to place a low value on the building before the fire. Likewise, it is to defendant’s advantage to fix such value higher.

The building, 35 by 60 feet, a one-story brick business structure in Mason City, built in 1938, was partially -destroyed on January 1,…

2Cases cited15 opinions

  1. McAnarney v. Newark Fire InsuranceNew York Court of Appeals · 1928
  2. Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
  3. Ranck v. City of Cedar RapidsSupreme Court of Iowa · 1907
  4. Wall v. PlattMassachusetts Supreme Judicial Court · 1897
  5. McMahon v. City of DubuqueSupreme Court of Iowa · 1898

10 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Crisp v. Security National Insurance CompanyTexas Supreme Court · 1963
  2. Elberon Bathing Co., Inc. v. Ambassador Insurance Co., Inc.Supreme Court of New Jersey · 1978
  3. Schiltz v. Cullen-Schiltz & Associates, Inc.Supreme Court of Iowa · 1975
  4. Agoos Leather Companies, Inc. v. American & Foreign InsuranceMassachusetts Supreme Judicial Court · 1961
  5. Citizens Insurance Company of New Jersey, a Corporation v. Foxbilt, Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1955

16 more not listed; retrieve them via the Exa API.

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