Fitzsimmons v. City Fire Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action upon an insurance policy. The insurance was to the amount'of $2000, on a stock of hardware &c. The complaint alleges, in substance, that the loss to the plaintiff from the destruction by fire of the property insured was $9127.84; that he had fulfilled all the conditions of the policy, and had duly demanded payment of the amount insured by the defendant, but the same had not been paid.
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APPEAL from the Circuit Court for Winnebago County. Action upon an insurance policy. The insurance was to the amount'of $2000, on a stock of hardware &c. The complaint alleges, in substance, that the loss to the plaintiff from the destruction by fire of the property insured was $9127.84; that he had fulfilled all the conditions of the policy, and had duly demanded payment of the amount insured by the defendant, but the same had not been paid. The compaint therefore demands judgment for said sum of $2000. The policy of insurance is annexed to the complaint, and contains the following clause: “…
1Opinion of the Court
By the Court,
Cole, J.
We consider the portion of the answer demurred to as clearly insufficient in setting forth a complete defense to the action, for reasons which were anticipated *239by the counsel for the appellant. The policy declared on contains the clause, that “ in case of any other insurance upon the property hereby insured, whether prior or subsequent to the date of this policy, the assured shall not, in any case of loss or damage, be entitled to demand or receive of this company any greater portion of the loss or damage sustained than the amount hereby insured shall bear to the whole…
2Cases cited1 opinion
- Lucas v. Jefferson Insurance Co.New York Supreme Court · 1827
3Cited by9 opinions
- California Safe Deposit & Trust Co. v. Cheney Electric Light, Telephone & Power Co.Washington Supreme Court · 1895
- Harrison v. Phœnix Mutual Life InsuranceIndiana Supreme Court · 1882
- Wolf v. HarrisCourt of Appeals of Texas · 1898
- Tinsley v. Atlantic Mines Co.Colorado Court of Appeals · 1904
- Bergstrom Paper Co. v. Continental Ins.Court of Appeals for the Seventh Circuit · 1949
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