Legal Opinion

Gans v. St. Paul Fire & Marine Insurance

Wisconsin Supreme Court

Decided August 15, 1877PublishedCited by 61 opinions

APPEAL from the Circuit Court for Eau Claire County. Action on a policy of fire insurance issued by the defendant company on the 12th of February, 1876, insuring plaintiff’s frame dwelling house in Eau Claire, for one year, to the amount of $250. The house was destroyed by fire, October 2d in the same year, and the loss exceeded the sum for which it was insured. When it was burned, the building was vacant, and had been so nearly a month.

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APPEAL from the Circuit Court for Eau Claire County. Action on a policy of fire insurance issued by the defendant company on the 12th of February, 1876, insuring plaintiff’s frame dwelling house in Eau Claire, for one year, to the amount of $250. The house was destroyed by fire, October 2d in the same year, and the loss exceeded the sum for which it was insured. When it was burned, the building was vacant, and had been so nearly a month. The agents of the defendant company at Eau Claire — Latimer & Co., who wrote, countersigned and issued the policy in suit,— were informed several days before…

1Opinion of the Court

Lyon, J..

It is evident from the foregoing statement of the case, that the learned circuit judge must have held that the knowledge of Latimer & Co., the agents who took the risk and wrote, countersigned and issued the policy in suit, that the insured house, when burned, and before, was unoccupied, was, in contemplation of law, the knowledge of the defendant company — in other words, that notice to the agents was *112notice to the company, — and hence, that, within the rule of Webster v. Ins. Co., 36 Wis., 67, and N. W. Mutual Life Ins. Co. v. The Germania Ins. Co., 40 id., 446, the requiring of…

2Cases cited4 opinions

  1. Webster v. Phœnix InsuranceWisconsin Supreme Court · 1874
  2. Miner v. Phœnix InsuranceWisconsin Supreme Court · 1871
  3. Gill v. RiceWisconsin Supreme Court · 1861
  4. Waddle v. MorrillWisconsin Supreme Court · 1870

3Cited by61 opinions

  1. Masonic Mutual Benefit Ass'n v. BeckIndiana Supreme Court · 1881
  2. Kausal v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1883
  3. Commercial Union Assurance Co. v. State ex rel. SmithIndiana Supreme Court · 1888
  4. German Insurance v. GibsonSupreme Court of Arkansas · 1890
  5. Renier v. Dwelling House InsuranceWisconsin Supreme Court · 1889

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