Leathe v. America Insurance
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. This was an action on a policy of insurance against fire. The policy was issued upon a written application of plaintiffs and the personal applicátion of and verbal statements of plaintiffs or one of them. The defence relied on is that there was a concealment of facts material to the risk.
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Appeal from St. Louis Circuit Court. This was an action on a policy of insurance against fire. The policy was issued upon a written application of plaintiffs and the personal applicátion of and verbal statements of plaintiffs or one of them. The defence relied on is that there was a concealment of facts material to the risk. The concealment charged consisted in this, that the plaintiffs failed to state that portions of the building, a store, in which the insured goods were, were occupied as a dwelling-house by one of the plaintiffs and another. At tlie instance of the plaintiffs the court…
1Opinion of the CourtEwing, Judge
The questions to be considered arise upon the instructions given and refused. The first and second given for the plaintiff, it is maintained, are erroneous in declaring that there is no material concealment unless the fact concealed was such that if known to the defendant the risk would have been declined or a higher rate of premium would have been charged. The correct rule, it is maintained, makes the distinction between a material and an immaterial fact, as the terms are here employed, to consist in its tendency to prevent the insurer from taking the risk or demanding a higher premium; and…
2Cases cited1 opinion
- Clark v. President of the Manufacturers' InsuranceSupreme Court of the United States · 1850
3Cited by12 opinions
- Indiana & Ohio Live Stock Ins. Co. v. SmithCourt of Appeals of Texas · 1913
- Bearden v. Countryside Casualty CompanyMissouri Court of Appeals · 1961
- General Reinsurance Corp. v. Southern Surety Co. of Des MoinesCourt of Appeals for the Eighth Circuit · 1928
- Smith v. American Automobile InsuranceMissouri Court of Appeals · 1915
- Farber v. American Automobile InsuranceMissouri Court of Appeals · 1915
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