Sands v. Iowa Mut. Ins. Co. of De Witt

Plaintiff sued at law for $7000 insurance on a dwelling destroyed by fire. Defendant-insurer admitted liability for $5500, plus $16.32, excess premium paid by plaintiff. By agreement trial was in equity. The facts were stipulated. The trial court held defendant liable for only the $5516.32. Plaintiff has appealed.

On December 6, 1948, defendant issued to plaintiff its fire insurance policy for $2500 on a dwelling. Soon afterwards plaintiff improved the dwelling. On January 3, 1949, the insurance was increased to $4000. On April 15, 1949, defendant issued an endorsement again increasing the…