Pennypacker v. Capital Insurance
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. Makcus Kavanagh, Jb., Judge. Action to recover upon a policy of • insurance against loss or damage by fire. The petition shows that defendant issued to plaintiff: a policy upon property in Pennsylvania, insuring him against loss or damage by fire, for which he paid the premium ; that while said policy was in full force the property . was totally destroyed by fire, of which he gave notice and proofs of loss, as required.
Read the full summary
Appeal from Polk District Court. — Hon. Makcus Kavanagh, Jb., Judge. Action to recover upon a policy of • insurance against loss or damage by fire. The petition shows that defendant issued to plaintiff: a policy upon property in Pennsylvania, insuring him against loss or damage by fire, for which he paid the premium ; that while said policy was in full force the property . was totally destroyed by fire, of which he gave notice and proofs of loss, as required. The defendant answered in two counts, denying generally in the first, and alleging in the second that it is a corporation organized…
1Opinion of the CourtGiven, J.
1. Fire insurance: policy issued in violation of law: validity. — I. The questions raised and argued on the demurrer may be resolved into the single inquiry, is the contract of insurance sued upon void ? It is alleged that it is void because the defendant had not and was not entitled to qualify, under the laws of Pennsylvania, to contract insurance upon property in that state at the time this policy was issued, and because the plaintiff received it knowing that fact. For the purposes of the demurrer these allegations are to be taken as true, and we are to say whether, being true, they render…
2Cases cited2 opinions
- Tootle, Hosea & Co. v. TaylorSupreme Court of Iowa · 1884
- Scott v. ClarkSupreme Court of Iowa · 1855
3Cited by26 opinions
- Watson v. RichardsonSupreme Court of Iowa · 1899
- Hartford Fire Ins. Co. v. Galveston, H. & S. A. Ry. Co.Texas Commission of Appeals · 1922
- Laun v. Pacific Mutual Life InsuranceWisconsin Supreme Court · 1907
- Roshek Realty Company v. Roshek Brothers CompanySupreme Court of Iowa · 1957
- Vermont Loan & Trust Co. v. HoffmanIdaho Supreme Court · 1897
21 more not listed; retrieve them via the Exa API.