UNITED STATES v. FARMERS MUT. INS. ASS'N OF KIRON, IOWA

Civ. No. 1166.

184 F.Supp. 708 (1960)

UNITED STATES of America, Plaintiff, v. FARMERS MUTUAL INSURANCE ASSOCIATION OF KIRON, IOWA, Defendant.

United States District Court N. D. Iowa, W. D.

June 17, 1960.


Attorney(s) appearing for the Case

F. E. Van Alstine, U. S. Atty., by William R. Crary, Asst. U. S. Atty., Sioux City, Iowa, for the Government.

S. F. Wadden, Harry H. Miller, Frank Jacobs and Dewie J. Gaul, Sioux City, Iowa, and Sterling Alexander, Des Moines, Iowa, for defendant.


BECK, District Judge.

The defendant's motion to dismiss in this case, is predicated on the theory that the insured's giving of a chattel mortgage on the insured property, without the insurer's consent, constituted a violation of the policy terms which specified: "If any change * * * take place in the interest, title, possession or use of the subject matter of insurance", and that such a breach bars recovery under the insurance contract.

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