Bellman v. Home Ins. Co.
| Citation | 178 Wis. 349,189 N.W. 1028 |
| Parties | BELLMAN ET AL. v. HOME INS. CO., AND FOUR OTHER CASES. |
| Decision Date | 10 October 1922 |
| Court | United States State Supreme Court of Wisconsin |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Rock County; George Grimm, Judge.
Separate actions by E. L. Bellman and others against the Home Insurance Company against the Minneapolis Fire & Marine Insurance Company, against the Automobile Insurance Company, against the Ætna Insurance Company, and against the Orient Insurance Company. From judgments dismissing the complaints, plaintiffs appeal. Judgments affirmed.
On the 15th day of January, 1920, the plaintiffs Bellman and Williams associated themselves together as a partnership under the firm name of Bellman-Williams Auto Company, for the conduct of an automobile business in the city of Evansville. Thereafter they secured various policies of fire insurance in the defendant companies. The plaintiff Bank of Evansville held a chattel mortgage upon the insured property, and the policies were made payable to said bank as its interest might appear. On the 27th day of May, 1920, in the nighttime, during the absence from the city of the plaintiff Bellman, and, as the court found, without his knowledge, consent, procurement, connivance, or participation, either direct or indirect, the plaintiff J. R. Williams, one of the partners, willfully set fire to the insured property for the purpose of obtaining the insurance thereon, causing the complete destruction thereof. Subsequently said Williams confessed the crime and was duly sentenced to the state's prison at Waupun.
These several actions were commenced by the plaintiffs to recover on the various policies of insurance. The cases were tried before the court without a jury. Findings of fact and conclusions of law were made and filed, resulting in judgments dismissing the complaints. From the judgments so rendered plaintiffs brings these appeals. The same questions are involved in each case. They were briefed and argued together, and will be disposed of in one opinion.Nolan, Dougherty & Grubb, of Janesville, and R. M. Richmond, of Evansville, for appellants.
Olin, Butler, Thomas, Stebbins & Stroud, of Madison, for respondents.
OWEN, J. (after stating the facts as above).
[1] It is fundamental that an insured, who deliberately sets fire to the insured property, cannot recover on a policy of fire insurance. To permit a recovery under such circumstances would reward crime and shock the most fundamental notions of justice. To permit a recovery by either the partnership or the unoffending partner upon a policy of insurance issued...
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