Stevens v. Citizens' Ins.
Supreme Court of Iowa
Appeal from Des Moines District Court. Plaintiff brought an action on a policy of insurance against loss and damage by fire. The property insured was a one-story frame warehouse, and a stock of grain-cleaning and mill-wriglit machinery therein. The amount of the insurance on the building was $25, and on the machinery it was $975. The policy contained a provision that the loss, if any, on the machinery was payable to George IT. Lane, mortgagee, as his interest might appear.
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Appeal from Des Moines District Court. Plaintiff brought an action on a policy of insurance against loss and damage by fire. The property insured was a one-story frame warehouse, and a stock of grain-cleaning and mill-wriglit machinery therein. The amount of the insurance on the building was $25, and on the machinery it was $975. The policy contained a provision that the loss, if any, on the machinery was payable to George IT. Lane, mortgagee, as his interest might appear. The insured property was totally destroyed by fire on the twentieth of October, 1883. The mortgage to Lane, which secured…
1Opinion of the CourtReed, J.
1. mure insuroííwüceoiCr lty oi^djíSting agent. I. We are of the opinion that the right of action R not defeated by plaintiff’s failure to give the written notice of the loss required by the policy. x J 1 •' ^ie aSent wFo assumed to waive that requirement Fad full authority to do whatever was necesSary 'be ¿one jn the adjustment of the loss, lie was informed of the occurrence of the ffre by the local agent of the company at Burlington, and he went to the scone of the fire for the purpose of investigating the ease, and, while engaged in the investigation, he informed plaintiff and intervenor…
2Cases cited2 opinions
- Hathaway v. State InsuranceSupreme Court of Iowa · 1884
- Edgerly v. Farmers' InsuranceSupreme Court of Iowa · 1878
3Cited by12 opinions
- Ezzone v. RiccardiSupreme Court of Iowa · 1994
- State Mut. Ins. Co. v. GreenSupreme Court of Oklahoma · 1915
- Kintzel v. Wheatland Mutual Insurance Ass'nSupreme Court of Iowa · 1973
- Matthews v. Capital Fire InsuranceWisconsin Supreme Court · 1902
- Liverpool London Globe Ins. Co. v. CargillSupreme Court of Oklahoma · 1914
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