Nixon v. German Insurance
Missouri Court of Appeals
Appeal from the St. Francois Circuit Court. — Hon. James D. Fox, Judge. The plaintiff only owned an undivided half interest in the land on which the building stood, and only a life interest in the remaining half, and was not, therefore, the sole and unconditional owner in fee simple of the insured building or land on which it stood as required by the policy and application. Shoup v. Ins. Co., 51 Mo. App. 286; Holloway v. Ins. Co., 48Id. 1; Maddox v. Ins.
Read the full summary
Appeal from the St. Francois Circuit Court. — Hon. James D. Fox, Judge. The plaintiff only owned an undivided half interest in the land on which the building stood, and only a life interest in the remaining half, and was not, therefore, the sole and unconditional owner in fee simple of the insured building or land on which it stood as required by the policy and application. Shoup v. Ins. Co., 51 Mo. App. 286; Holloway v. Ins. Co., 48Id. 1; Maddox v. Ins. Co., 56 Id. 343; Hubbard v. Ins. Co., 57 Id. 1. The agent who took the application was not a policy writing agent, but merely an agent…
1Opinion of the CourtBiggs, J.
On the sixth day of May, 1893, the defendant executed and delivered to plaintiff its policy of insurance, in which it agreed to insure plaintiff against loss by fire to the amount of $800 on her dwelling house, and $200 on her household furniture. During the life of the policy, to wit, November 25, -1895, the entire property was burned. The present action is to recover the amounts named in the policy.
The defendant denied liability as to the house, on the ground that the plaintiff had warranted that she was the sole owner of the land on which the house was situated, whereas she only owned an…
2Cases cited9 opinions
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
- Plumb v. . Cattaraugus Co. Mutual Insurance Company.New York Court of Appeals · 1858
- Combs v. Hannibal Savings & InsuranceSupreme Court of Missouri · 1869
- Breckinridge v. American Central InsuranceSupreme Court of Missouri · 1885
- Thomas v. Hartford Fire InsuranceMissouri Court of Appeals · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Lafont v. Home InsuranceMissouri Court of Appeals · 1916
- O'Brien v. Greenwich InsuranceMissouri Court of Appeals · 1902
- Cagle v. Chillicothe Town Mutual Fire InsuranceMissouri Court of Appeals · 1899
- Rickey v. German Guarantee Town Mutual Fire InsuranceMissouri Court of Appeals · 1899
- Flournoy v. Traders' InsuranceMissouri Court of Appeals · 1899
1 more not listed; retrieve them via the Exa API.