154 Wis. 595 | Wis. | 1913
Three questions were considered by counsel for appellant of sufficient.moment to warrant presenting them for decision, supported by argument. We shall therefore limit our determination accordingly.
- Firstly. It is contended, the finding of the jury that respondent was the owner of the subject of the insurance at the time of the loss, is contrary to the evidence. That the proof in respect to the matter presented a jury question is quite plain. Such being the case and the result of the submission having been confirmed by the trial court, a very strong case in favor of appellant is necessary, — a case so strong as to leave no reasonable ground for the verdict to rest upon after giving due effect to the superior advantages which the trial court possessed for reaching a.correct conclusion, — to warrant disturbing it. We are unable to_ discover that such test is satisfied, and so it is considered that the decision on the subject of ownership is a verity.
- "Secondly. It is contended-that the finding in respondent’s favor as to delivery of proofs of loss is contrary to the evidence. The reason for not approving of the first contention applies to the second. Moreover, it appears that appellant took the position from the start that the policy obligation was not in existence at the time of the fire by reason of circumstances rendering operative the forfeiture clause quoted in the statement. That rendered compliance with the retirement as to furnishing proofs of loss unnecessary.
Thirdly. It is contended that there was a change of possession, within the meaning of the quoted clause of the policy, rendering such a circumstance fatal to continuance of the insurance. The finding in favor of respondent on the subject
Counsel cite to our attention Cottingham v. Fireman’s F. Ins. Co. 10 Ky. Law Rep. 727, but the authority does not fit the present situation. There the subject of the insurance was real estate. the assured made an executory contract of sale and let the executory vendee into possession, creating such a changed condition that the former was disabled from regaining possession without consent of the latter so long as the occupant complied with bis contract; and the court grounded its decision on such disability. Thus limited, the decision was characterized by a strong dissent upon the ground that any change of possession or occupancy, not increasing the hazard, is not within the forfeiture clause. We do not need to express any opinion on that point for the pur
By the Court. — The judgment is affirmed.