Angier v. Western Assurance Co.
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Jos. W. Jones, Judge. Action upon a policy of fire insurance. Plaintiff had judgment, from which, and from an order denying its motion for a new trial, defendant appeals. The facts are stated in the opinion. It was the duty of the insured to give in the proofs of loss full information, as called for by the policy. Blakely v. Ins. Co., 20 Wis. 217; Erwin v. Ins. Co., 24 Mo.
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Appeal from circuit court, Minnehaha county. Hon. Jos. W. Jones, Judge. Action upon a policy of fire insurance. Plaintiff had judgment, from which, and from an order denying its motion for a new trial, defendant appeals. The facts are stated in the opinion. It was the duty of the insured to give in the proofs of loss full information, as called for by the policy. Blakely v. Ins. Co., 20 Wis. 217; Erwin v. Ins. Co., 24 Mo. App. 150; Wood, Fire Ins., §§411, 415. The use of kerosene oil in kindling a fire in a stove rendered the policy void. Gunther v. Ins. Co., 116 U. S. 118, S. C., 14 Am. &…
1Opinion of the CourtCorson, P. J.
This is an action upon a fire insurance policy. A verdict was directed for the plaintiffs, and the defendant appeals. The complaint is in the usual form, and contains among other things, the following allegations; “That on or about the 24th day of April, 1895, the said defendant, by and through his duly authorized officers and agents, denied and disclaimed all liability whatsoever under said policy, and refused to pay the same or any part thereof. * * * That, immediately after said fire and destruction of said property, the plaintiffs gave said defendant due notice, and thereafter made,…
2Cases cited8 opinions
- Waters v. Merchants' Louisville InsuranceSupreme Court of the United States · 1837
- Gates v. . the Madison Co. Mutual Ins. Co.New York Court of Appeals · 1851
- First Congregational Church v. Holyoke Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1893
- Grigsby v. Western Union Tel. Co.South Dakota Supreme Court · 1894
- Yankton Fire Ins. v. Fremont, E. & M. V. R.South Dakota Supreme Court · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Rossini v. Saint Paul Fire & Marine Ins. Co.California Supreme Court · 1920
- Fosmark v. Equitable Fire Ass'nSouth Dakota Supreme Court · 1909
- Orient Insurance v. CoxSupreme Court of Arkansas · 1951
- Western Assurance Co. v. StoneSupreme Court of Virginia · 1926
- Farmers' State Bank v. Tri-State Mutual Grain Dealers Fire InsuranceSouth Dakota Supreme Court · 1919
2 more not listed; retrieve them via the Exa API.