Miller v. Firemen's Insurance
Missouri Court of Appeals
Appeal from the Circuit Court of Lincoln County.— • Eon. Edgar B. Woolf oik, Judge. (1) The penalty of attorney’s fees and damages should not be inflicted, where the evidence and circum-' stances in the case show that refusal to pay the claim made was not willful and without reasonable cause as the facts would appear to a reasonable and prudent man before a trial of the cause. Patterson v. Insurance Co., 174 Mo. App. 37; Jones v. Prudential Ins.
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Appeal from the Circuit Court of Lincoln County.— • Eon. Edgar B. Woolf oik, Judge. (1) The penalty of attorney’s fees and damages should not be inflicted, where the evidence and circum-' stances in the case show that refusal to pay the claim made was not willful and without reasonable cause as the facts would appear to a reasonable and prudent man before a trial of the cause. Patterson v. Insurance Co., 174 Mo. App. 37; Jones v. Prudential Ins. Co., 155 S. W. 1106; R. S. 1909, sec. 7068 as amended Acts 1911, p. 282; Fay v. Aetna Ins. Co., 26)8 Mo. 373; Strawbridge v. Ins. Co., 174 Mo. App.…
1Opinion of the CourtAllen, J.
This is an action on a policy of fire insurance for the sum of $4000, issued by the defendant insurance company to plaintiff on December 20, 1916, insuring personal property consisting of a stock of goods— dry goods, notions, etc. — and furniture and fixtures located in a building at 4612 Florissant avenue in the City of St. Louis, for a term of one year from said date. There was other insurance on the property, and the policy in suit covered its proportion on two items, namely, $7500 on the stock in trade, and $500 on the furniture and fixtures.
The trial, before the court and a jury,…
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2Cases cited6 opinions
- Non-Royalty Shoe Co. v. Phoenix Assurance Co.Supreme Court of Missouri · 1919
- State ex rel. Detroit Fire & Marine Insurance v. EllisonSupreme Court of Missouri · 1916
- Patterson v. American InsuranceMissouri Court of Appeals · 1913
- Rothschild v. American Central InsuranceSupreme Court of Missouri · 1876
- Farber v. American Automobile InsuranceMissouri Court of Appeals · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Duckworth v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1970
- Gould v. MFA Mutual Insurance CompanyMissouri Court of Appeals · 1960
- Joseph Miele, A/K/A Joseph Cusumano v. Boston Insurance CompanyCourt of Appeals for the Eighth Circuit · 1961
- Bennco Sales & Salvage, Inc. v. Gulf Insurance Co.Missouri Court of Appeals · 1988
- Bennett v. Standard Accident InsuranceMissouri Court of Appeals · 1922
6 more not listed; retrieve them via the Exa API.