McNees v. Southern Insurance
Missouri Court of Appeals
Appeal from the Pettis Circuit Court. — Hon. Richard Field, Judge. • (1) The offer to appraise two years after loss was not made within a reasonable time, and because not so made there can be no recovery. As absolutely decisive of this question by analogy see Porter v. Ins. Co., 62 Mo. App. 520, and our observations thereon under the head of “argument,” post.
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Appeal from the Pettis Circuit Court. — Hon. Richard Field, Judge. • (1) The offer to appraise two years after loss was not made within a reasonable time, and because not so made there can be no recovery. As absolutely decisive of this question by analogy see Porter v. Ins. Co., 62 Mo. App. 520, and our observations thereon under the head of “argument,” post. (2) The performance of any policy condition, where no time is mentioned for performance, must be within a reasonable time. Palmer v. Ins. Co., 44 Wis. 201; Miller v. Hartford, 70 Iowa, 704; Springfield Go. v. Brown, 18 Atl. Rep. 396. (3)…
1Opinion of the CourtEllison, J.
This is an action on a fire insurance policy and is here on second appeal (see 61 Mo. App. 335). It was considered on the first appeal in connection with Murphy v. Ins. Co., 61 Mo. App. 323. The Murphy ease is likewise here on second appeal. By reference to the opinions when the cases were before us in the first instance, it will be seen that it was held that under the terms of the policies it was a condition precedent of a right to sue that there should have been an arbitration of the amount of the loss sustained. We are asked to reconsider the views expressed in those opinions, as well as…
2Cases cited22 opinions
- Hamilton v. Liverpool, London & Globe InsuranceSupreme Court of the United States · 1890
- United States v. RobesonSupreme Court of the United States · 1835
- President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Phenix Insurance v. StocksIllinois Supreme Court · 1893
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3Cited by17 opinions
- Wabash Ry. Co. v. American Refrigerator Transit Co.Court of Appeals for the Eighth Circuit · 1925
- Curtis v. Indemnity Co. of AmericaSupreme Court of Missouri · 1931
- Stevens v. Norwich Union Fire InsuranceMissouri Court of Appeals · 1906
- Vining v. Franklin Fire InsuranceMissouri Court of Appeals · 1901
- Ball v. Royal InsuranceMissouri Court of Appeals · 1908
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