German Insurance v. Davis
Nebraska Supreme Court
Error from the district court of Colfax county. Tried below before Marshall, J. The opinion contains a statement of the case. The company is not liable, because the building was unoccupied at the time of the fire. (White v. Phoenix Ins. Go., 20 Ins. L. J. [Me.], 900; Burlington Ins. Co. v. Gibbons, 19 Ins. L. J. [Kan.], 546; Lanoy v. Home Ins. Co., 19 Ins. L. J. [Me.], 878; Continental Ins. Co. v. Kyle, 19 Ins. L. J. [Ind.], 720; Fehsev. Couneil Bluffs Ins. Co., 18 Ins.
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Error from the district court of Colfax county. Tried below before Marshall, J. The opinion contains a statement of the case. The company is not liable, because the building was unoccupied at the time of the fire. (White v. Phoenix Ins. Go., 20 Ins. L. J. [Me.], 900; Burlington Ins. Co. v. Gibbons, 19 Ins. L. J. [Kan.], 546; Lanoy v. Home Ins. Co., 19 Ins. L. J. [Me.], 878; Continental Ins. Co. v. Kyle, 19 Ins. L. J. [Ind.], 720; Fehsev. Couneil Bluffs Ins. Co., 18 Ins. L. J. [la.], 319.) Notice and proof of loss must be given as required by the terms of the contract. (2 Wood, Fire Insurance,…
1Opinion of the CourtNorval, C. J.
This action was brought by Caleb Davis against the German Insurance Company of Freeport, Illinois, upon a fire insurance policy of $725, covering plaintiff’s one-story frame, shingle roof, building, and three billiard tables therein, said building being situate in the village of Avoca, Cass county, and occupied by tenants as a saloon and billiard hall. The policy was issued January 23, 1889, for the period of one year. The insured property was totally destroyed by fire April 26, 1889. The amended petition contains the usual allegations in such an action. The answer, after admitting certain…
2Cases cited16 opinions
- Hay v. . Star Fire Insurance CompanyNew York Court of Appeals · 1879
- Killips v. Putnam Fire InsuranceWisconsin Supreme Court · 1871
- Ellis v. Council Bluffs InsuranceSupreme Court of Iowa · 1884
- Lockwood v. Middlesex Mutual Assurance Co.Supreme Court of Connecticut · 1880
- German Ins. v. FairbankNebraska Supreme Court · 1891
11 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Read & Traversy v. State InsuranceSupreme Court of Iowa · 1897
- Omaha Fire Insurance v. Dierks & WhiteNebraska Supreme Court · 1895
- Ohio Farmers Insurance v. VogelIndiana Supreme Court · 1906
- Standiford v. American Insurance CompanyCourt of Appeals of Kentucky (pre-1976) · 1925
- Wever v. Pioneer Fire Insurance Co.Supreme Court of Oklahoma · 1915
10 more not listed; retrieve them via the Exa API.