McCluer v. Girard Fire & Marine Ins.
Supreme Court of Iowa
Appeal from Dubuque Circuit Court. This is an action on a policy of fire insurance. The property insured was a phaeton, and was destroyed by fire while in a carriage shop, having been left there for repairs. It was insured in connection with a horse, harness and buggy, and all described as “ contained in a frame barn situated on the northeast corner of Alley and Eleventh streets, Dubuque, Iowa.” Judgment for plaintiff. Defendant appeals.
Read the full summary
Appeal from Dubuque Circuit Court. This is an action on a policy of fire insurance. The property insured was a phaeton, and was destroyed by fire while in a carriage shop, having been left there for repairs. It was insured in connection with a horse, harness and buggy, and all described as “ contained in a frame barn situated on the northeast corner of Alley and Eleventh streets, Dubuque, Iowa.” Judgment for plaintiff. Defendant appeals. The risk was restricted to such times as the property insured should be at the place mentioned in the policy. {Annapolis R. Go. v. Baltimore Ins. Co., 32…
1Opinion of the CourtAdams, J.
It is claimed by the defendant that it is not liable because the phaeton at the time of the loss was not contained in the frame barn, but had been removed to a carriage shop for repairs, and because the risk had been increased.
It is true that any statement or description on the face of the policy which relates to the risk is á warranty. Wood v. The Hartford Fire Ins. Co., 13 Conn., 544. Arid where goods are described as being in a building occupied in a certain way, the words'describirig the occupancy must be regarded as employed to express a' fact relating to the risk. Wall v. The East River…
2Cases cited5 opinions
- Peterson v. Miss. Valley Ins.Supreme Court of Iowa · 1868
- Billings v. Tolland County Mutual Fire Insurance Co.Supreme Court of Connecticut · 1849
- Boynton v. Clinton & Essex Mutual InsuranceNew York Supreme Court · 1853
- Annapolis & Elkridge Railroad v. President of Baltimore Fire InsuranceCourt of Appeals of Maryland · 1870
- Townsend v. . Northwestern Insurance CompanyNew York Court of Appeals · 1858
3Cited by20 opinions
- British-America Assurance Co. v. MillerTexas Supreme Court · 1898
- Rosenthal v. Insurance Co. of North AmericaWisconsin Supreme Court · 1914
- Longueville v. Western Assurance Co.Supreme Court of Iowa · 1879
- Noyes v. Northwestern National InsuranceWisconsin Supreme Court · 1885
- Kinney v. Farmers' Mutual Fire & Ins. SocietySupreme Court of Iowa · 1913
15 more not listed; retrieve them via the Exa API.