Vore v. Hawkeye Insurance
Supreme Court of Iowa
Appeal from Harrison District Court. — Hon. 0. H. Lewis, Judge. . Action on a policy of insurance. A demurrer to the reply of plaintiff to defendant’s answer was sustained, and,0 plaintiff standing upon his pleading, judgment was rendered against him, from which he appeals.
1Opinion of the CourtBeck, J.
1. insukahoe: action on poi-icy: right to object. . — I. The defendant in an amended .answer alleges, in effect, that the action was commenced within ninety days after notice of loss was given; which is forbidden by chapter 211, section 3, ** x 1 1 Acts Eighteenth General Assembly. To this answer plaintiff replied, alleging that the provisions of the statute were eliminated from ,the policy by the policy itself, which provides that the contract of insurance is wholly embraced in the policy and application of the assured, and that defendant, had waived the condition of the statute by receiving…
2Cited by9 opinions
- Stephenson v. Bankers Life Ass'n of Des MoinesSupreme Court of Iowa · 1899
- Harrison v. Hartford Fire InsuranceSupreme Court of Iowa · 1897
- Continental Insurance v. WickhamSupreme Court of Georgia · 1900
- Salmon v. Farm Property Mutual InsuranceSupreme Court of Iowa · 1915
- Hornick v. First Catholic Slovak UnionSupreme Court of Kansas · 1924
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