Noyes v. Northwestern National Insurance
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. The defendant issued to the plaintiff its policy of insurance, by which it insured him against loss by fire to the amount of $2,000, as follows: “ On household furniture, useful and ornamental, beds, bedding, linen, family wearing apparel, printed books and music, silver plate and plated ware, pictures, paintings, engravings, and mirrors, and their frames, at not exceeding actual cost, pianoforte, and sewing-machine, if any,…
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APPEAL from the County Court of Milwaukee County. The defendant issued to the plaintiff its policy of insurance, by which it insured him against loss by fire to the amount of $2,000, as follows: “ On household furniture, useful and ornamental, beds, bedding, linen, family wearing apparel, printed books and music, silver plate and plated ware, pictures, paintings, engravings, and mirrors, and their frames, at not exceeding actual cost, pianoforte, and sewing-machine, if any, fuel and family provisions, all contained in the two-storied frame dwelling-house occupied by the assured, and known as…
1Opinion of the CourtLyon, J.
The decision of this case turns entirely upon the effect of the words “ contained in,” as used in the policy to specify the location of the insured property. In a policy upon personal property, which, from its character and ordinary use, is kept continuously in one place, as a stock of merchandise, machinery in a building, household furniture, or goods stored, the rule undoubtedly is that the location of *419the property designated in the policy is an essential element of the risk, and usually a continuing warranty. In such a case the policy covers the goods only so long as they remain in the…
2Cases cited7 opinions
- Holbrook v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1878
- McCluer v. Girard Fire & Marine Ins.Supreme Court of Iowa · 1876
- Longueville v. Western Assurance Co.Supreme Court of Iowa · 1879
- Peterson v. Miss. Valley Ins.Supreme Court of Iowa · 1868
- Smith v. Mechanics' & Traders' Fire InsuranceNew York Court of Appeals · 1865
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Rosenthal v. Insurance Co. of North AmericaWisconsin Supreme Court · 1914
- Kinney v. Farmers' Mutual Fire & Ins. SocietySupreme Court of Iowa · 1913
- Farmers' Mutual Fire Insurance v. KryderIndiana Court of Appeals · 1892
- Boyd v. Mississippi Home InsuranceMississippi Supreme Court · 1897
- E. C. Winsor & Son v. Mutual Fire & Tornado Ass'nSupreme Court of Iowa · 1915
12 more not listed; retrieve them via the Exa API.