Coleman v. Caldwell County Mutual Fire Insurance
Missouri Court of Appeals
Appeal from Caldwell Circuit Court. — Hon. Joshua W. Alexander, Judge. (1) Under section 8079, Revised Statutes 1899, under which defendant is incorporated, the provisions of the constitution and by-laws become a part of the contract of insurance without being referred to in the policy, and the court committed error in refusing defendant’s declaration of law numbered 27, so declaring. Havens v. Insurance Co., 123 Mo. 417, and cases cited.
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Appeal from Caldwell Circuit Court. — Hon. Joshua W. Alexander, Judge. (1) Under section 8079, Revised Statutes 1899, under which defendant is incorporated, the provisions of the constitution and by-laws become a part of the contract of insurance without being referred to in the policy, and the court committed error in refusing defendant’s declaration of law numbered 27, so declaring. Havens v. Insurance Co., 123 Mo. 417, and cases cited. (2) The policies sued on and the application therefor providing that “I do hereby bind myself, my heirs and assigns, to pay my pro rata share to the said…
1Opinion of the CourtEllison, J.
This action is to recover the amounts alleged to be due plaintiff on .two fire insurance policies. The judgment in the trial court was for the plaintiff.
The defendant is what is known, under the Missouri statute, as a Farmers Mutual Insurance Company, article 10, chapter 19, Revised Statutes 1899. It issued two policies .to defendant. The first one was on his dwelling house and the second was intended as increased insurance on account of additional value being added by improvements to the building. The house burned on January 8, 1903, at which time there was due from plaintiff an assessment…
2Cases cited10 opinions
- Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Joliffe v. Madison Mutual InsuranceWisconsin Supreme Court · 1875
- Loesch v. Union Casualty & Surety Co.Supreme Court of Missouri · 1903
- Thomas v. Hartford Fire InsuranceMissouri Court of Appeals · 1886
- Phœnix Insurance v. LansingNebraska Supreme Court · 1884
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3Cited by2 opinions
- State Ex Rel. Bull Dog Auto Fire Insurance v. BlandSupreme Court of Missouri · 1927
- Kansas City, Clay County & St. Joseph Ry. Co. v. YoungMissouri Court of Appeals · 1912