Cubbage v. Standard Fire Insurance
Supreme Court of Iowa
Appeal from Lee District Court. — W. S. Hamilton, Judge. Suit to reform a policy of insurance, and for judgment thereon. On hearing, the petition was dismissed, and plaintiff appeals. —
1Opinion of the CourtLadd, J.
reformation of INSTRUMENTS : grounds: mistake and fraud: sufficiency ln~ The policy insuring against iogs by flre was covered by property in v v L x ** piant No. 2 of the W. D. Reeves Lumber Co., p ’ located at Helena, Arkansas, for the term of one year from August 30, 1907. The property burned January 9, 1908, and thereafter the claim was assigned to plaintiff, who, in this suit, prays reformation of the policy by cancelling therefrom what is known as “the warranty clause,” and recovery of the stipulated indemnity. This clause was stamped on the face of the policy with a rubber stamp in blue…
2Cases cited3 opinions
- George H. Fitchner & Co. v. Fidelity Mutual Fire Ass'nSupreme Court of Iowa · 1897
- Eckert v. Century Fire InsuranceSupreme Court of Iowa · 1910
- Chismore v. Anchor Fire InsuranceSupreme Court of Iowa · 1906