Lawver v. Globe Mut. Ins.
South Dakota Supreme Court
Appeal from Circuit Court, McCook County. Hon. Joseph W. Jones, Judge. Action by J. C. Lawver against the Globe Mutual Insurance Company. From a judgment for plaintiff and an order denying a new trial, defendant appeals. Evidence -that notice of additional insurance was mailed to the company is not sufficient proof of compliance' with a policy requiring notice of additional insurance to be given to the company, where its receipt is denied by the person addressed.
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Appeal from Circuit Court, McCook County. Hon. Joseph W. Jones, Judge. Action by J. C. Lawver against the Globe Mutual Insurance Company. From a judgment for plaintiff and an order denying a new trial, defendant appeals. Evidence -that notice of additional insurance was mailed to the company is not sufficient proof of compliance' with a policy requiring notice of additional insurance to be given to the company, where its receipt is denied by the person addressed. Fair-field Packing Co. v. Southern Mut. Fire Ins. Co., 44 Alt. 317; Sun Ins. Co. v. Earle, 29 Mich. 406. Notice of intention to…
1Opinion of the CourtSmith, J.
Appeal from the circuit court of McCook county. Action on a fire insurance policy to recover the sum of $1,000 insurance on the plaintiff’s two-story frame building located in the village of Spencer. The property was totally destroyed by fire on the 6th day of August, 1908. Proofs of loss were furnished the company, and, upon refusal to pay the insurance, this action was instituted.
The policy is in the standard form 'required by chapter 126, Sess. Laws 1905, and is set out in full in the complaint. The policy contains the following clause: “$1625.00 other insurance concurrent herewith only,…
2Cases cited27 opinions
- Rosenthal v. WalkerSupreme Court of the United States · 1884
- Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Huntley v. WhittierMassachusetts Supreme Judicial Court · 1870
- Havens v. Germania Fire InsuranceSupreme Court of Missouri · 1894
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3Cited by15 opinions
- American Ins. Co. v. Gentile Bros. Co.Court of Appeals for the Fifth Circuit · 1940
- Hronish v. Home InsuranceSouth Dakota Supreme Court · 1914
- Hight v. Maryland InsuranceSouth Dakota Supreme Court · 1943
- Street v. Farmers' Elevator Co.South Dakota Supreme Court · 1914
- Lummel v. National Fire InsuranceSouth Dakota Supreme Court · 1926
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