Cornelius v. Farmers Insurance
Supreme Court of Iowa
Appeal from Clayton District Court. — IIon. A. N. -IIobson,. Judge. Action on an insurance policy. Defense, that the property was used for other purposes than stipulated, thereby forfeiting the contract.
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Appeal from Clayton District Court. — IIon. A. N. -IIobson,. Judge. Action on an insurance policy. Defense, that the property was used for other purposes than stipulated, thereby forfeiting the contract. It appears that plaintiff’s decedent signed the application for insurance February 5, 1894; that shortly afterwards a policy of that date, for the term of five years, was issued and accepted; and that the building covered was destroyed by fire August 3, 1896. It was insured as a dwelling house, but when burned was occupied as a storehouse for •machinery: The plaintiff pleaded that defendant…
1Opinion of the CourtLadd, J.
-One of the conditions of the policy was that it should become void if the premises were used for any purpose other than mentioned therein; and another, ’that liability should cease during vacancy of the building., Unless, then, the defendant is estopped from claiming a forfeiture of the policy because of the use of the building as a store-' house, rather than a duelling, as insured, there can be no re*185covery. Tlie application was procured by a soliciting agent, and tlie policy thereon issued directly from, the borne office.. Among others, it contained these questions. “For what occupied? By…
2Cases cited7 opinions
- Insurance Co. v. MowrySupreme Court of the United States · 1878
- George H. Fitchner & Co. v. Fidelity Mutual Fire Ass'nSupreme Court of Iowa · 1897
- Moore v. State Ins.Supreme Court of Iowa · 1887
- Dryer v. Security Fire InsuranceSupreme Court of Iowa · 1895
- Stephens v. Capital Insurance Co.Supreme Court of Iowa · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Lauze v. New York Life InsuranceSupreme Court of New Hampshire · 1907
- Sowers v. Mutual Fire InsuranceSupreme Court of Iowa · 1901
- Wensel v. Property Mutual InsuranceSupreme Court of Iowa · 1906
- House v. Security Fire InsuranceSupreme Court of Iowa · 1909
- Murphy v. Continental InsuranceSupreme Court of Iowa · 1916
7 more not listed; retrieve them via the Exa API.