Power v. Monitor Insurance
Michigan Supreme Court
Error to Oakland; Smith, J. Assumpsit by Franz Power against the Monitor Insurance Company on a policy of insurance. From a judgment for plaintiff, defendant brings error. The defendant is a farmers’ mutual insurance company, doing business in the county of Oakland. On March 30, 1896, plaintiff made an application for insurance on buildings situated upon a farm owned by him, but then occupied by a tenant.
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Error to Oakland; Smith, J. Assumpsit by Franz Power against the Monitor Insurance Company on a policy of insurance. From a judgment for plaintiff, defendant brings error. The defendant is a farmers’ mutual insurance company, doing business in the county of Oakland. On March 30, 1896, plaintiff made an application for insurance on buildings situated upon a farm owned by him, but then occupied by a tenant. In this application, in reply to questions, he stated that the real estate, without buildings, was worth $3,000, and that there was no other insurance. One West was the agent for the…
1Opinion of the CourtGrant, C. J.
{after' stating the facts; dissenting). The conversation between plaintiff and Mr. West when he applied for a policy is the only evidence of waiver of the defense of double insurance. There is no tangible evidence that any other officer of the company knew of the existence of the other policy until after this suit was commenced. Defendant made no written statement to *366plaintiff of its refusal to pay, or the grounds therefor. Plaintiff testified, under objection and exception, that the defendant had never notified him of the various defenses set up in the plea. Waiver or estoppel to set up…
2Cases cited14 opinions
- Security Insurance v. FayMichigan Supreme Court · 1871
- Marthinson v. North British & Mercantile InsuranceMichigan Supreme Court · 1887
- Smith v. German InsuranceMichigan Supreme Court · 1895
- Cleaver v. Traders' InsuranceMichigan Supreme Court · 1888
- Towle v. Ionia, Eaton & Barry Farmers' Mutual Fire InsuranceMichigan Supreme Court · 1892
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Turner v. Mutual Benefit Health & Accident Ass'nMichigan Supreme Court · 1946
- Blake v. Farmers' Mutual Lightning Protected Fire InsuranceMichigan Supreme Court · 1917
- Lawver v. Globe Mut. Ins.South Dakota Supreme Court · 1910
- Farmers' Milling Co. v. Mill Owners Mutual Fire Ins.Supreme Court of Iowa · 1905
- Hyman v. BoyleMichigan Supreme Court · 1927
2 more not listed; retrieve them via the Exa API.