Devine v. Home Insurance Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dane County. On the 4th of August, 1870, upon the plaintiff’s oral application, the defendant’s agent at Madison in said county issued to him a policy of insurance against fire, for two years from that date, by which he was insured to the amount of $200 upon the “ log dwelling house ” situate upon certain premises of the plaintiff in the town of Cottage Grove in Dane county.
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APPEAL from tbe Circuit Court for Dane County. On the 4th of August, 1870, upon the plaintiff’s oral application, the defendant’s agent at Madison in said county issued to him a policy of insurance against fire, for two years from that date, by which he was insured to the amount of $200 upon the “ log dwelling house ” situate upon certain premises of the plaintiff in the town of Cottage Grove in Dane county. By one of the conditions named in the body thereof, the policy was to be void in case the premises should become vacant or unoccupied, and so remain for more than thirty days, without…
1Opinion of the CourtDixon, C. J.
The policy is of a form undoubtedly designed to be issued only when the buildings and property insured are situate upon premises which are occupied. Unoccupied premises, or buildings and property situate thereon and themselves unoccupied, would obviously require some different form of policy for their insurance against loss or destruction by fire. Either the condition with respect to the premises becoming vacant or unoccupied, and so remaining for the period of more than thirty days without notice to and consent of the company in writing, would need to be stricken out, or the *476written consent…
2Cases cited6 opinions
- Commercial Insurance v. SpanknebleIllinois Supreme Court · 1869
- Miner v. Phœnix InsuranceWisconsin Supreme Court · 1871
- McBride v. Republic Fire Ins.Wisconsin Supreme Court · 1872
- May v. Buckeye Mutual InsuranceWisconsin Supreme Court · 1870
- Keeler v. Niagara Fire InsuranceWisconsin Supreme Court · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Farnum v. Phoenix InsuranceCalifornia Supreme Court · 1890
- Alkan v. New Hampshire InsuranceWisconsin Supreme Court · 1881
- Alexander v. Continental Insurance Co. of New YorkWisconsin Supreme Court · 1886
- German Insurance v. ShaderNebraska Supreme Court · 1903
- Shafer v. Phœnix Insurance Co.Wisconsin Supreme Court · 1881
8 more not listed; retrieve them via the Exa API.