United States v. Farmers Mut. Ins. Ass'n of Kiron, Iowa

1 Citing case

  1. U.S. v. Farmers Mut. Ins. Ass'n of Kiron, Iowa

    288 F.2d 560 (8th Cir. 1961)   Cited 19 times

    " The record before us consists of the complaint, the motion to dismiss, memorandum decision of the trial court, final judgment of dismissal and notice of appeal. The trial court in its memorandum opinion, 184 F. Supp. 708, states that the motion to dismiss "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." The court states the Government's contentions, which are substantially the same as the contentions raised on this appeal, as follows: