Swofford Bros. Dry Goods Co. v. American Central Insurance
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) The requirements of a policy of insurance that proofs of loss shall contain certain information must be strictly complied with in order to make out a case. 2 Wood on Ins., sec. 486. (2) The requirements of the policy sued on that proofs of loss must contain a copy of the descriptions and schedules in all other policies covering any part of the insured property, is reasonable, and no recovery can be had…
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Appeal from the Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) The requirements of a policy of insurance that proofs of loss shall contain certain information must be strictly complied with in order to make out a case. 2 Wood on Ins., sec. 486. (2) The requirements of the policy sued on that proofs of loss must contain a copy of the descriptions and schedules in all other policies covering any part of the insured property, is reasonable, and no recovery can be had in the absence of compliance with this condition. Blakeley v. Ins. Co., 20 Wis. 205. Analogous case, Erwin v. Ins. Co.,…
1Opinion of the CourtGill, J.
Plaintiff, as assignee, sued the defendant on a policy of insurance issued to A. P. Brown & Company covering a general stock of merchandise which was destroyed by fire during the life of the policy. The sole defense is that the proofs of loss did not comply with that clause in the policy which required the assured to state therein “all other insurance, whether valid or not, covering any of said property; and a copy of all the descriptions and schedules in all policies.” The proofs of loss set out in full the description of the property as contained in the defendant’s policy and then added…
2Cases cited1 opinion
- Jones v. . Howard Ins. Co. of New YorkNew York Court of Appeals · 1889
3Cited by2 opinions
- St. Paul Fire Marine Ins. Co. v. MittendorfSupreme Court of Oklahoma · 1909
- St. Paul Fire Marine Ins. Co. v. GriffinSupreme Court of Oklahoma · 1912