116 Iowa 625 | Iowa | 1902
The application on which the policy was issued represented that insured owned 93 acres of land,
But it is unnecessary to elaborate by quotations from or citations of the many cases in which this question has been considered. The citations found in several of the recent cases above referred to cover the whole ground. It may be said, further, that several cases in which courts have announced the unqualified rule that a breach of condition as to one class or item of property covered by the policy will constitute a breach of the contract as to all the property covered are cases where the different classes or items of property were so situated with reference to each other that the risk as to one constituted a risk as to all, and in these
The question has not been fully discussed in any cases which have been decided by this court. In Garver v. Insurance Co., 69 Iowa, 202, the proposition is broadly laid down that where the premium is in gross the contract is not divisible, and a breach of warranty as to a part of the property will vitiate the policy as to the whole. Put it is to be noticed that there the policy covered a bam and certain horses, and the court might well have held that the risk, so far as the horses were concerned, was involved in any risk affecting the barn; and the com elusion was therefore in accordance with the rule which we think to be the proper one, although we do not regard the reason given as satisfactory. In Kahlef v. Insurance Co., 106 Iowa, 380, the view expressed in the Garver Case was qualified so as to leave the way open for adopting the position which we now take. We therefore hold on this question, as: involved in the case before us, that entirety of premium does not necessarily prove that the contract is indivisible, and that where it appears from the terms of the policy that distinct items or classes of property were separately insured the policy may