Harris v. Phœnix Insurance
Supreme Court of Iowa
Appeal from the Wapello District Court, Hon. C. D. Leggett, Judge. Action to recover upon a policy of insurance against loss by fire, There was a trial to a jury, resulting in a verdict and judgment for the plaintiff. The defendant .appeals.
1Opinion of the CourtGtven, J.
It is not claimed by the appellee that he gave notice accompanied by affidavit, as required by 1. Fire insurance: proofs of loss: waiver. the policy and by statute. McClain’s Code, section 1734. Section 3, .chapter 211 of Acts of the Eighteenth G-eneral Assembly. He rests his right to recovery upon the claim that the appellant waived such notice and affidavit. The appellant contends that there is no evidence to support the allegation of waiver, and that the court, therefore, erred in overruling its motion for verdict, and in giving and refusing certain instructions. The undisputed facts are…
2Cases cited2 opinions
- Barre v. Council Bluffs InsuranceSupreme Court of Iowa · 1889
- Mixer v. BennettSupreme Court of Iowa · 1886
3Cited by12 opinions
- St. Paul Fire & Marine Ins. v. Mountain Park Stock Farm Co.Supreme Court of Oklahoma · 1909
- Teasdale v. City of New York InsuranceSupreme Court of Iowa · 1914
- McDonald v. Mutual Life InsuranceSupreme Court of Iowa · 1916
- Griffith v. Anchor Fire InsuranceSupreme Court of Iowa · 1909
- Reed v. Continental InsuranceSuperior Court of Delaware · 1906
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