Young v. Pennsylvania Fire Insurance
Supreme Court of Missouri
Appeal from Audrain. Circuit Court. — Eon. James D. Barnett, Judge. (1) This suit was premature. The action under the policy could not be brought until more than sixty days after the proofs of loss. The question of waiver by defendant does not arise. The defendant was willing to pay the award ánd no more, but that gave the plaintiff no right to bring suit before the expiration of the sixty days as for a total loss.
Read the full summary
Appeal from Audrain. Circuit Court. — Eon. James D. Barnett, Judge. (1) This suit was premature. The action under the policy could not be brought until more than sixty days after the proofs of loss. The question of waiver by defendant does not arise. The defendant was willing to pay the award ánd no more, but that gave the plaintiff no right to bring suit before the expiration of the sixty days as for a total loss. Further the finding of the jury was that there was not a total loss. We find no insurance case in Missouri just in point but the general rule that a cause of action cannot be…
1Opinion of the CourtGraves, P. J.
This is an action upon an insurance policy commenced in Audrain County. The plaintiff lives in St. Louis, and the property insured was in St. Louis. Upon a trial before a jury plaintiff had a verdict for $7953.69 as her damages, $1000 attorneys’ fees and $100 penalty, or a total of $9053.69. Prom the judgment upon such verdict the defendant has appealed.
Distinguished counsel for appellant have made a painstaking analysis of the pleadings in this ease, and we adopt their statement of the pleadings. They say:
“The action is in the ordinary form upon a policy of insurance, claiming the full value…
2Cases cited2 opinions
- Giboney v. German InsuranceMissouri Court of Appeals · 1892
- Zallee v. Laclede Mutual Fire & Marine InsuranceSupreme Court of Missouri · 1869
3Cited by37 opinions
- Non-Royalty Shoe Co. v. Phoenix Assurance Co.Supreme Court of Missouri · 1919
- Zipp v. Gasen's Drug Stores, Inc.Supreme Court of Missouri · 1970
- Willis v. American National Life Insurance Co.Missouri Court of Appeals · 1956
- Shields v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1929
- Massey v. Farmers Insurance GroupSupreme Court of Oklahoma · 1992
32 more not listed; retrieve them via the Exa API.