Walters v. St. Joseph Fire & Marine Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action upon a policy of insurance. Tire facts, as shown by the pleadings and proofs, are these: The plaintiff had an insurance in the American Fire Ins. Company of Chicago, on his dwelling house and contents, to the amount of $600, for a term of five years from February 14, 1874, for which he paid the premium in full.
Read the full summary
APPEAL from the Circuit Court for Winnebago County. Action upon a policy of insurance. Tire facts, as shown by the pleadings and proofs, are these: The plaintiff had an insurance in the American Fire Ins. Company of Chicago, on his dwelling house and contents, to the amount of $600, for a term of five years from February 14, 1874, for which he paid the premium in full. Becoming distrustful of the solvency of that company, he applied to the defendant company to take a risk on the same property, and the latter company issued to him a policy thereon, dated January 5, 1875, for the same amount,…
1Opinion of the CourtLyon, J.
By returning his policy to the American Company for cancellation, the plaintiff cancelled it on his part; and by retaining the policy two and one-half' months, and until after the insured property liad been destroyed by fire, without objection to its cancellation, the American Company, by such delay and silence, consented thereto and is now estopped to assert the contrary. Hence the condition upon which it is claimed the validity of the policy in suit depends, was fully performed before the insured property was destroyed, and the policy was then a valid and binding obligation upon the…
2Cited by5 opinions
- Crown Point Iron Co. v. Ætna InsuranceNew York Court of Appeals · 1891
- Wicks Bros. v. Scottish Union & National InsuranceWisconsin Supreme Court · 1900
- Bingham v. Insurance Co. of North AmericaWisconsin Supreme Court · 1889
- National Life Insurance v. Metropolitan Life InsuranceIllinois Supreme Court · 1907
- O'Neil's CaseMassachusetts Supreme Judicial Court · 1935