Legal Opinion

Independent School District v. Fidelity Insurance

Supreme Court of Iowa

Decided January 22, 1901PublishedCited by 14 opinions

Appeal from Lyon District Court. — Hon. George W. Wake- ■ eield, Judge. Action to recover upon a policy of fire insurance on a school building and furniture. The defense, so far as concerns the matters presented in this court, was that a condition of the policy was violated by the carrying of other insurance on said property without the consent of defendant.

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Appeal from Lyon District Court. — Hon. George W. Wake- ■ eield, Judge. Action to recover upon a policy of fire insurance on a school building and furniture. The defense, so far as concerns the matters presented in this court, was that a condition of the policy was violated by the carrying of other insurance on said property without the consent of defendant. To this plaintiff responded with an amendment to' its petition, in which it alleged that the understanding between plaintiff’s board and the soliciting agent of the defendant was that the policy should contain a clause permitting other…

1Opinion of the Court

Waterman J.

1 The board of directors of plaintiff district, desiring to effect insurance upon the school building, took steps as follows: “Regular Meeting. Doon, Iowa, Nov. 4, 1895. Board of directors met in regular session. Members present: James Peterson, F. L. Jenkens, J. L. Weatherly, John Bentley, J. II. Kahl. On motion, J. L. Weatherly was chosen secretary pro tern. On motion, bill of Donohue & Hennebery for school seats, amounting to $54.48, was allowed. Bill of Holmes Bentley Lumber Company for $136.16 was allowed. It was moved and carried that the school buildings be insured in the…

2Cases cited2 opinions

  1. George H. Fitchner & Co. v. Fidelity Mutual Fire Ass'nSupreme Court of Iowa · 1897
  2. Zimmerman v. Home InsuranceSupreme Court of Iowa · 1889

3Cited by14 opinions

  1. Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
  2. Fay v. Bankers Surety Co.Supreme Court of Minnesota · 1914
  3. Gurnett v. Atlas Mutual InsuranceSupreme Court of Iowa · 1904
  4. Collins v. Iowa Manufacturers InsuranceSupreme Court of Iowa · 1918
  5. North River Insurance v. BelcherSupreme Court of Virginia · 1930

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