O'Brien v. Greenwich Insurance
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — How. Geo. F. Longan, Judge. (1) The policy sued on, which is the contract between the parties, does not assume to insure the interest of any person other than Mary L. O’Brien. We think it is settled, both upon principle and by authority, that a policy so written can not be held, in an action at law, to cover the interest of persons not named therein. Wise v. Ins.
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Appeal from Pettis Circuit Court. — How. Geo. F. Longan, Judge. (1) The policy sued on, which is the contract between the parties, does not assume to insure the interest of any person other than Mary L. O’Brien. We think it is settled, both upon principle and by authority, that a policy so written can not be held, in an action at law, to cover the interest of persons not named therein. Wise v. Ins. Co., 23 Mo. 80. We rely upon the foregoing decision as decisive of this case. ‘ (1) If, at the time the policy was written, the plaintiff correctly stated her title or the same was known to the…
1Opinion of the CourtEllison, J.
This action is on a policy of fire insurance on personal property. The judgment in the trial court was for plaintiff.
*303The defense here is that the plaintiff was not the sole and unconditional owner of the property. The -evidence disclosed that she was in possession and control thereof, but that she in reality only had title to an undivided interest. This fact was, however, fully known to defendant’s agent and with such knowledge he wrote the policy and defendant accepted the premiums provided for therein. In such circumstances the clause of unconditional ownership must be held not to be…
2Cases cited5 opinions
- Parsons v. Knoxville Fire InsuranceSupreme Court of Missouri · 1896
- Union Trust Co. v. Provident Washington InsuranceMissouri Court of Appeals · 1899
- Overton v. American Central InsuranceMissouri Court of Appeals · 1899
- Nixon v. German InsuranceMissouri Court of Appeals · 1897
- Scott v. German InsuranceMissouri Court of Appeals · 1897
3Cited by6 opinions
- Lafont v. Home InsuranceMissouri Court of Appeals · 1916
- Walton v. Phoenix InsuranceMissouri Court of Appeals · 1911
- Fields v. German American InsuranceMissouri Court of Appeals · 1909
- Queen of Arkansas Insurance v. TaylorSupreme Court of Arkansas · 1911
- Ward v. Concordia Fire InsuranceMissouri Court of Appeals · 1924
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