16 S.D. 17 | S.D. | 1902
The object of this action is to reform a fire, lightning, tornado and cyclone insurance policy, and to recover the full amount of insurance provided for therein on a church building and its contents, totally destroyed by a cy clone April 27, 1896. The cause was submitted upon an agreed statement of facts, which was adopted as the findings of the court and judgment was rendered reforming the contract, and awarding the plaintiff the amount claimed, with costs and disbursements. Defendant appealed from the judgment alone.
The contention that plaintiff should not recover, because it failed to give immediate notice of loss, is untenable. The policy, in form a standard fire policy, contains this clause: “If fire occur, the insured shall give immediate notice^of loss.” Attached to the face of the policy, in the form of a slip or rider,
It is contended that “the policy was not in force at the time of the loss; the premium not,having been paid when due, and the insured having consented to the cancellation oi the policy.” The agreed premium was $99, for which a note was given, signed by the plaintiff’s secretary and treasurer, payable January 2, 1896. No part of this note had been paid when the loss occurred. On May 1, 1896, plaintiff tendered to defendant the amount due thereon, including interest, which was refused, whereupon plaintiff deposited the full amount of such
Plaintiff was and is a corporation created by and existing under the laws of this state. The application for this insurance was signed by its secretary and treasurer, as. such, and contains the following language: “Application of Epiphany Church of Epiphany, county of Hanson, State of South Dakota, for insurance against loss or damage by fire, lightning, tornado, cyclone or windstorm, by the German Insurance Company of Freeport, 111., for the sum of $2,200, for the term of five years from the 9th day of April, 1895. * * * (1) On
The judgment of the circuit court is affirmed.