Stevens v. Norwich Union Fire Insurance
Missouri Court of Appeals
Appeal from Howell Circuit Court. — Eon. W. N. Evans, Judge. (1) There can be no total loss of a building so long as that part of the structure standing is reasonably adapted for use as a basis upon which to restore it to the condition in which it was before the injury; that whether it is so adapted depends upon the question whether a reasonably prudent owner, uninsured, desiring such a structure as the one in question was before injury, would, in proceeding to restore the…
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Appeal from Howell Circuit Court. — Eon. W. N. Evans, Judge. (1) There can be no total loss of a building so long as that part of the structure standing is reasonably adapted for use as a basis upon which to restore it to the condition in which it was before the injury; that whether it is so adapted depends upon the question whether a reasonably prudent owner, uninsured, desiring such a structure as the one in question was before injury, would, in proceeding to restore the building to its original condition, utilize such remnant as such basis. Ins. Co. v. McSutvre, 35 L. R. A. 672; O’Keefe v.…
1Opinion of the CourtNortoni, J.
(after stating the facts).
As said in the statement of facts supra, plaintiff predicates his suit upon the theory that the loss on both building and furniture is total rather than partial, and that, therefore, inasmuch as the property was wholly destroyed, there could be no disagreement between the parties as to the amount of the loss. He argues that the statute fixes the amount of the policy as the measure of his damages, and therefore the amount of the loss being thus positively fixed by the statute, no disagreement can arise between the parties whereby the condition of the policy with…
2Cases cited20 opinions
- Hamilton v. Liverpool, London & Globe InsuranceSupreme Court of the United States · 1890
- Havens v. Germania Fire InsuranceSupreme Court of Missouri · 1894
- O'Keefe v. Liverpool, London & Globe InsuranceSupreme Court of Missouri · 1897
- Barnard v. National Fire InsuranceMissouri Court of Appeals · 1889
- Gibson v. Missouri Town Mutual Ins.Missouri Court of Appeals · 1900
15 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Duckworth v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1970
- Federated Mutual Insurance Co. v. Moody Station and GroceryCourt of Appeals for the Eighth Circuit · 2016
- State Ex Rel. North British & Mercantile Insurance v. CoxSupreme Court of Missouri · 1925
- Stahlberg v. Travelers Indemnity Co.Missouri Court of Appeals · 1978
- St. Paul Fire & Marine Ins. Co. v. EldracherCourt of Appeals for the Eighth Circuit · 1929
18 more not listed; retrieve them via the Exa API.