New v. The German Insurance Company of Freeport, Illinois
| Decision Date | 27 May 1892 |
| Docket Number | 496 |
| Citation | 31 N.E. 475,5 Ind.App. 82 |
| Parties | NEW v. THE GERMAN INSURANCE COMPANY OF FREEPORT, ILLINOIS |
| Court | Indiana Appellate Court |
From the Marion Circuit Court.
Judgment affirmed.
S. E Urmston, for appellant.
F Winter and J. B. Elam, for appellee.
This action was brought by New against the insurance company upon a policy of fire insurance issued by the defendant to one Pierson, covering certain buildings in the State of Missouri. The policy contained the following provision respecting the assignment thereof and the change of title to the property insured: "If the property, or any part thereof, shall be sold, conveyed, encumbered by mortgage or otherwise or any change takes place in the title, use, occupation or possession thereof whatever; or if foreclosure proceedings shall be commenced; or if the interest of the insured in said property, or any part thereof, now is, or shall become any other than a perfect legal and equitable title and ownership, free from all liens whatever except as stated in writing hereon, * * * or if the policy shall be assigned without written consent thereon, then and in every such case this policy shall be absolutely void."
It is alleged in the complaint that plaintiff became the owner of the property after the execution of the policy by purchase, and the title was transferred to him by said Pierson by deed; that said Pierson transferred the policy to plaintiff by an assignment in due form endorsed thereon, and plaintiff then sent it to an agent of the defendant at Hopkins, Missouri, to procure the defendant's consent to such assignment, but such agent returned the policy with notice that he had no authority to give the necessary consent, and suggested that plaintiff send it to the defendant's general agents, "then residents of Maryville, Missouri, who would, without any trouble, consent to said transfer in writing; that thereupon the plaintiff caused said policy to be forwarded to the said agents who issued the said policy, or caused the same to be issued, and who received the same by due course of mail; that they retained it some considerable time and then returned it to the plaintiff by mail without any word of explanation, without any disapproval thereof, without any expression or word in regard to the same, and without returning or offering to return to him or the said Pierson any part of the unearned premium received on" said policy; that plaintiff, on receiving said policy from said agents, supposed, and in good faith believed, that the necessary written consent had been endorsed thereon, and so believing omitted to examine the same but laid it away in his safe until after the loss occurred, something over a year thereafter; that he was led to believe that consent had been endorsed upon the policy by the representations of the defendant's agent at Hopkins, Mo., that the general agents would undoubtedly do so.
It was also alleged that proof of loss had been made, and all conditions complied with on the part of pl...
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New v. German Ins. Co. of Freeport
... ... A. Brown, Judge.Action by John W. New against the German Insurance Company of Freeport, Ill. Judgment for defendant. Plaintiff appeals. Affirmed.Stephen E. Urmston, ... ...