Dunbar v. Phenix Insurance Co. of Brooklyn
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marathon County. Action upon a policy of insurance against fire. The facts will sufficiently appear from the opinion. At the close of the testimony the court directed a verdict for the plaintiffs, and from the judgment thereon the defendant appeals.
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APPEAL from the Circuit Court for Marathon County. Action upon a policy of insurance against fire. The facts will sufficiently appear from the opinion. At the close of the testimony the court directed a verdict for the plaintiffs, and from the judgment thereon the defendant appeals. They contended, inter alia, that the copy of the application attached to the policy put the insured- in possession of all the facts, statements, and representations made by him to the company in writing as the basis of the contract; and there was, therefore, a substantial compliance with the statute. Miller v.…
1Opinion of the CourtTaylor, J.
The respondents brought an action to recover for a loss sustained under a fire insurance policy issued to *494them by the appellant company. There is no question made as to the issuance of the policy, or as to the fact of a loss by fire having occurred during the life of the policy, or as to the amount the respondents are entitled to recover in the action, if entitled to recover at all.
The defenses set up in the answer are: (1) That a written application for the policy was made by the insured, and that in such written application the respondents stated that the insured premises were not…
2Cases cited10 opinions
- Phoenix Life Ins. Co. v. RaddinSupreme Court of the United States · 1887
- Washington Mills Emery Manufacturing Co. v. Weymouth & Braintree Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1883
- Redman v. Hartford Fire InsuranceWisconsin Supreme Court · 1879
- Gates v. . the Madison Co. Mutual Ins. Co.New York Court of Appeals · 1851
- Commonwealth v. Hide & Leather InsuranceMassachusetts Supreme Judicial Court · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- French v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1908
- Rogers v. Phenix InsuranceIndiana Supreme Court · 1890
- Campbell v. American Fire Insurance Co. of PhiladelphiaWisconsin Supreme Court · 1888
- Pudritzky v. Supreme Lodge Knights of HonorMichigan Supreme Court · 1889
- Wilcox v. Continental Insurance Co. of New YorkWisconsin Supreme Court · 1893
27 more not listed; retrieve them via the Exa API.