Deitz v. Mound City Mutual Fire & Life Insurance
Supreme Court of Missouri
Appeal from Si. Louis Circuit Court. The facts sufficiently appear in the opinion. The plaintiff asked and the court gave the following instructions : 1. If the jury believe from the evidence that the plaintiff lost by fire, as-charged in the petition, the property therein described, and that said property was of the value of six thousand dollars or more, and that all subsequent insurance was notified by plaintiff to defendant, and assented to in writing by the defendant or…
Read the full summary
Appeal from Si. Louis Circuit Court. The facts sufficiently appear in the opinion. The plaintiff asked and the court gave the following instructions : 1. If the jury believe from the evidence that the plaintiff lost by fire, as-charged in the petition, the property therein described, and that said property was of the value of six thousand dollars or more, and that all subsequent insurance was notified by plaintiff to defendant, and assented to in writing by the defendant or its duly authorized agent, then they will find for the plaintiff the amount claimed in the petition, and interest…
1Opinion of the Court
Holmes, Judge,
delivered the opinion of the court. •
This was a suit brought upon a policy of insurance. The defence was, first, that a subsequent additional insurance in another company had not been notified to the defendant, and neither endorsed on the policy or acknowledged in writing by the company, as required by the conditions of the policy; and second, that there had been a renewal of a policy on the same property in another office after the expiration thereof, in violation of the express terms of the plaintiff’s written application, and’ in breach of the warranty contained and implied…
2Cases cited1 opinion
- Hutchinson v. Western InsuranceSupreme Court of Missouri · 1855
3Cited by3 opinions
- Horwitz v. Equitable Mutual InsuranceSupreme Court of Missouri · 1867
- Planters' Mutual Insurance v. S. Lyons, Lindenthal & Co.Texas Supreme Court · 1873
- Reithmuller v. Fire Ass'nMissouri Court of Appeals · 1889