Palmer v. St. Paul Fire & Marine Insurance
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Oconto County. Action on a policy of insurance against fire. The facts admitted. by the pleadings or established by special verdict (in accordance with a stipulation of the parties), will sufficiently appear from the opinion. Judgment in plaintiff’s favor was rendered on such verdict, for the amount of the loss; and the defendant appealed.
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APPEAL from tlie Circuit Court for Oconto County. Action on a policy of insurance against fire. The facts admitted. by the pleadings or established by special verdict (in accordance with a stipulation of the parties), will sufficiently appear from the opinion. Judgment in plaintiff’s favor was rendered on such verdict, for the amount of the loss; and the defendant appealed. They contended, 1. That the local agent, Beyer, had no authority to waive the condition in respect to occupancy. The cases holding that local agents clothed with certain powers must be held to have the powers of general…
1Opinion of the CourtOrton, J.
The determination of this case depends ujDon the question whether there was sufficient evidence of the strict performance by the insured, or of the waiver of such performance by the insurance company, of certain conditions or stipulations in the policy of insurance, to entitle the plaintiff to recover. These conditions are as follows: “ Or if the premises become unoccupied, without the assent of the com-pemy indorsed thereon, * * * then and in such case this policy shall be void.” “Persons sustaining loss or damage by fire shall forthwith give notice of said loss to the company, and, as soon…
2Cases cited8 opinions
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Gans v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1877
- Killips v. Putnam Fire InsuranceWisconsin Supreme Court · 1871
- Hall v. DelaplaineWisconsin Supreme Court · 1856
- Miner v. Phœnix InsuranceWisconsin Supreme Court · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Indiana Insurance v. CapehartIndiana Supreme Court · 1886
- Vangindertaelen v. Phenix InsuranceWisconsin Supreme Court · 1892
- Blumer v. Phœnix InsuranceWisconsin Supreme Court · 1878
- Berry Bros. v. Fairbanks, Morse Co.Court of Appeals of Texas · 1908
- Erwin v. Springfield Fire & Marine InsuranceMissouri Court of Appeals · 1887
8 more not listed; retrieve them via the Exa API.