Schultz v. Caledonian Insurance
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county: G-eo. W. Burnell, Circuit Judge. This is an action upon a fire insurance policy, issued by the defendant upon the plaintiff’s dwelling house and household goods, for $500. The plaintiff’s title to the land upon which the house stood was a land contract, on which a part only of the purchase price had been paid.
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Appeal from a judgment of the circuit court for Winnebago county: G-eo. W. Burnell, Circuit Judge. This is an action upon a fire insurance policy, issued by the defendant upon the plaintiff’s dwelling house and household goods, for $500. The plaintiff’s title to the land upon which the house stood was a land contract, on which a part only of the purchase price had been paid. The policy contains a provision that it shall be void if the plaintiff’s title to the ground is less than a fee simple, unless otherwise provided by agreement indorsed on or annexed to the policy. No such agreement ivas…
1Opinion of the CourtNewman, J.
It is not necessary to decide, in this case, whether the plaintiff’s title to the ground on which his dwelling house stood was such as to satisfy the stipulation of the policy in that regard. The case seems to have been tried on the assumption that it was not. Perhaps the question is debatable. Some very respectable authorities hold such a title to be a fee simple within the meaning of such a stipulation in a policy of insurance. Loventhal v. Home Ins. Co. (Ala.), 20 So. Rep. 419, and cases there cited.
It is abundantly settled, and the rule is, that if the insurer, with full knowledge of…
2Cases cited6 opinions
- Renier v. Dwelling House InsuranceWisconsin Supreme Court · 1889
- Miner v. Phœnix InsuranceWisconsin Supreme Court · 1871
- Alexander v. Continental Insurance Co. of New YorkWisconsin Supreme Court · 1886
- Rasmusen v. New York Life InsuranceWisconsin Supreme Court · 1895
- Smith v. Commonwealth Insurance Co.Wisconsin Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Welch v. Fire Ass'n of PhiladelphiaWisconsin Supreme Court · 1904
- Western Nat. Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- Cooper v. Insurance Co. of PennsylvaniaWisconsin Supreme Court · 1897
- Siemers v. Meeme Mutual Home Protection Insurance Co.Wisconsin Supreme Court · 1910
- Knapke v. Grain Dealers Mutual InsuranceWisconsin Supreme Court · 1972
4 more not listed; retrieve them via the Exa API.