Kahler v. Iowa State Insurance
Supreme Court of Iowa
Appeal from Glinton District Court.- — Iíoñ. P. B. Wot-ee, Judge. Action at law tipon a policy of insurance covering a frame building used as a grain elevator and certain elevator machinery. Defendant pleaded in defense that the building' did not belong to the assured when the policy issued, failure to make proof of loss, and a breach of condition relating to change or transfer of title or interest in the property.
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Appeal from Glinton District Court.- — Iíoñ. P. B. Wot-ee, Judge. Action at law tipon a policy of insurance covering a frame building used as a grain elevator and certain elevator machinery. Defendant pleaded in defense that the building' did not belong to the assured when the policy issued, failure to make proof of loss, and a breach of condition relating to change or transfer of title or interest in the property. Plaintiff, in reply, pleaded a waiver of proof of loss; that he had an insurable interest in the property at the time the policy issued; and, although not the absolute owner, that…
1Opinion of the Court
Deemer, O. J”.
1 The policy insured the plaintiff against loss or damage by fire upon the following described property, to wit: “$1,000 on his two-story frame building, occupied by the assured as a grain elevator; * * * $300 on his elevator machinery in said elevator, including fanning mill, — all while contained in aforesaid building.” As a part of the contract, plaintiff executed a note to the insurer for the sum of one hundred and ninety-five dollars, “payable^in such portions and at such" times as the directors of the company may require, * -x- * provided such assessment does not exceed 15…
2Cases cited7 opinions
- Phenix Insurance v. PickelIndiana Supreme Court · 1889
- Garver v. Hawkeye Ins.Supreme Court of Iowa · 1886
- Plath v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1877
- McGowan v. People's Mutual Fire Ins.Supreme Court of Vermont · 1881
- Waller v. Northern Assurance Co.Supreme Court of Iowa · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Taylor v. Anchor Mutual Fire InsuranceSupreme Court of Iowa · 1902
- Bienhoff v. North American Accident InsuranceSupreme Court of Minnesota · 1922
- Green v. Phoenix InsuranceSupreme Court of Iowa · 1933
- Stoner v. First American Fire InsuranceSupreme Court of Iowa · 1935
- Greco v. Continental InsuranceSupreme Court of Iowa · 1934