Winans v. Allemania Fire Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Chippewa County. Action upon a policy of insurance against fire. The policy, a copy of which was annexed to the complaint, contained the following pi-ovision: “ The generating, or evaporating, or using within any building where this policy may apply, or contiguous thereto, of gasoline, benzine, naphtha, or of any substance for burning gas or vapor for lighting, other than the ordinary street gas or kerosene, is prohibited, unless permitted…
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APPEAL from the Circuit Court for Chippewa County. Action upon a policy of insurance against fire. The policy, a copy of which was annexed to the complaint, contained the following pi-ovision: “ The generating, or evaporating, or using within any building where this policy may apply, or contiguous thereto, of gasoline, benzine, naphtha, or of any substance for burning gas or vapor for lighting, other than the ordinary street gas or kerosene, is prohibited, unless permitted in writing hereon.” The following clause was inserted in the policy: “Permission is granted to light the premises with…
1Opinion of the CourtRyan, C. J.
The appellant relies, in support of the demurrer, on breach by the respondent, claimed to be apparent'in the complaint, of a condition of the policy, prohibiting the use'of gasoline upon the premises insured, unless permitted by writing on the policy.
The complaint avers that when the policy was issued, the building was lighted by gasoline, and that the respondent was removing the gas burners and replacing them with kerosene lamps, to the knowledge of the appellant’s agent who issued the policy; and that the agent agreed for the appellant “ at the time of the delivery of the said policy and…
2Cases cited2 opinions
- Miner v. Phœnix InsuranceWisconsin Supreme Court · 1871
- McBride v. Republic Fire Ins.Wisconsin Supreme Court · 1872
3Cited by10 opinions
- Kausal v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1883
- Grubbs v. North Carolina Home InsuranceSupreme Court of North Carolina · 1891
- Dousman v. Wisconsin & Lake Superior Mining & Smelting Co.Wisconsin Supreme Court · 1876
- Alexander v. Continental Insurance Co. of New YorkWisconsin Supreme Court · 1886
- Wilson v. HenryWisconsin Supreme Court · 1876
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