Legal Opinion

Keith v. Royal Insurance Co.

Wisconsin Supreme Court

Decided April 17, 1903PublishedCited by 18 opinions

Appeal from a judgment of tbe circuit court for Brown county: S. D. HastiNgs, Jb., Circuit Judge. Action to recover insurance by Keith, mortgagee, and Hun-croshy as assignee for tbe benefit of creditors of tbe firm of Reindl & Jicba.

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Appeal from a judgment of tbe circuit court for Brown county: S. D. HastiNgs, Jb., Circuit Judge. Action to recover insurance by Keith, mortgagee, and Hun-croshy as assignee for tbe benefit of creditors of tbe firm of Reindl & Jicba. Tlio facts as found by tbe court, jury being waived, were substantially that a firm of Reindl, Novotny & Jicba, existing on November 28, 1898, and owning, amongst other property, a sawmill, executed mortgage thereon to tbe plaintiff Keith, with tbe usual agreement to keep insured, loss, if any, payable to tbe mortgagee; that tbe mortgagors thereupon arranged with…

1Opinion of the CourtDodge, J.

It being a conceded fact that one of the three owners of the insured property, on March 1Y, 1900, three months after the issuance of the policy, transferred his interest to his co-owners, the policy became ipso facto void by virtue of the provision therein,

“This entire policy, unless otherwise provided by agreement endorsed hereon or added hereto, shall be void . . . *534if any change other than by the death of an insured take place in the interest, title, or possession of the subject of insurance,’’

unless such forfeiture was waived in some way. Keeler v. Niagara F. Ins. Co. 16 Wis. 523 ; Carey…

2Cases cited11 opinions

  1. Bourgeois v. Northwestern National InsuranceWisconsin Supreme Court · 1893
  2. Straker v. Phenix Insurance Co. of BrooklynWisconsin Supreme Court · 1898
  3. Carey v. German American InsuranceWisconsin Supreme Court · 1893
  4. Bourgeois v. Mutual Fire InsuranceWisconsin Supreme Court · 1893
  5. Keeler v. Niagara Fire InsuranceWisconsin Supreme Court · 1863

6 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. St. Paul Fire & Marine Insurance v. RuddyCourt of Appeals for the Eighth Circuit · 1924
  2. Brecht v. Law, Union & Crown Ins.Court of Appeals for the Ninth Circuit · 1908
  3. Bellman v. Home Insurance Co.Wisconsin Supreme Court · 1922
  4. Baumann v. City of West AllisWisconsin Supreme Court · 1925
  5. Hamburg-Bremen Fire Insurance v. RuddellCourt of Appeals of Texas · 1904

13 more not listed; retrieve them via the Exa API.

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