61 Iowa 350 | Iowa | 1883
“$600.00 — On two and one-half story frame, shingle roof building, occupied by the assured as an agricultural implement warehouse and office, situated on south side of Main street, Northwood, Iowa.
“$700.00 — On agricultural implements, consisting of harvesters, mowers, sulkey rakes, plows, machinery extras, binding wire, pumps, and such other articles usually kept in a retail stock of agricultural implements, and stored therein.
“50.00 — On two horses (being $25.00 on each), in basement of said building.
“$125.00 — On top buggy, open buggy, and harness therein.
The plaintiffs are not named in the policy, either as beneficiaries, or as owners of the property, or otherwise. The policy, among other provisions, contains the following: “If the interest of the insured in the property, whether as owner, trustee, consignee, factor, agent, mortgagee, lessee or otherwise, be not truly stated in this policy, * * * * the policy shall be void.” And it is further provided in the policy that “if the interest of the assured in the property be any other than the entire, unconditional and sole ownership of the property for the use and benefit of the assured, or if the building insured stands upon leased ground, it must be so represented to the company,- and so expressed in the written part of this policy; otherwise, the policy shall be void.” And there is this further provision in the jtolicy: “The use of general terms, or anything less than a distinct, specific agreement, clearly expressed and indorsed on this policy, shall not be construed as a waiver of any printed or written condition or restrictive term.” After the property in the warehouse was destroyed by fire, the defendant paid Ashem for that part owned by him, and upon a refusal to pay for the loss sustained by plaintiffs in the destruction of their property, this action was brought. It is contended by counsel for appellants that Ashem had an insurable interest in the property of the plaintiffs. This proposition may be conceded for the purposes of this case. We do not think it is material whether he had an insurable interest or not, because the fact remains that, according to the terms of this policy, he insured no property but his own. And in order to include the property of the plaintiffs in the policy, it is necessary to show that it was included, either by proof of a waivei of the conditions of the policy,_or by proof that a different contract was actually made than that which is expressed in the policy. There are many adjudged cases which hold that certain conditions of a policy of insurance may be waived by
. In Webster v. Manhattan Ins. Co., 59 Pa. St., 227, where a policy. of insurance was issued to the plaintiff, one of two •partners, upon property of the.flrm, and it appeared in proof-that the agent of the company was informed that the property ivas owned by the partnership, it was held that the company was liable for the full value of the property. That was a case in which the ownership of the insured was a joint ownership in all the property. In Pcoria Ins. Co. v. Hall, 12 Mich., 202, a contrary rule was adopted. It seems to us that what is sought by the plaintiffs in this case is that they be allowed, under the guise of a waiver of the conditions of the policy, not only to make it cover other property than that described 'therein, but to make it apply to property owned by parties not named in the policy. This ajipears to us to be a plain violation of the rule that a written contract cannot bo varied by any parol contemporaneous agreement.
Affirmed.