Legal Opinion

Rosenbach v. National Fidelity & Casualty Co.

Missouri Court of Appeals

Decided May 4, 1920PublishedCited by 11 opinions

Appeal from the Circuit Court of the City of St. Louis. —Eon. Rhodes E. Gave, Judge. (1) “Where entry into a safe is effected by the use of tools upon one of the outer doors, and money is feloniously abstracted from the money chest within the safe, which money chest is also opened by the use of tools, the insurer is liable upon a policy indemnifying against loss of money feloniously abstracted from the the money chest after entry into said safe by the use of tools or…

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Appeal from the Circuit Court of the City of St. Louis. —Eon. Rhodes E. Gave, Judge. (1) “Where entry into a safe is effected by the use of tools upon one of the outer doors, and money is feloniously abstracted from the money chest within the safe, which money chest is also opened by the use of tools, the insurer is liable upon a policy indemnifying against loss of money feloniously abstracted from the the money chest after entry into said safe by the use of tools or explosives and after entry into such money chest by the use of tools or explosives. First National Bank v. Maryland Casualty…

1Opinion of the CourtReynolds, P. J.

Defendant issued to plaintiff a combination fire and burglary insurance policy for $1000, on a safe belonging to plaintiff, for the term of one year. At the expiration of a year it was renewed for another year. The safe was located in plaintiff’s premises in St. Louis. In the schedule annexed to the policy it is stated that inside of the safe there was what is called a “burglar-proof chest” with a lock key. There was a combination lock on. the outer door of the safe. The policy provided for insurance against the direct loss by burglary of money, etc., riin consequence of the felonious…

2Cases cited3 opinions

  1. Fidelity & Casualty Co. of New York v. SandersIndiana Court of Appeals · 1904
  2. Blank v. National Surety Co.Supreme Court of Iowa · 1917
  3. Leiman v. Metropolitan Surety Co.Appellate Terms of the Supreme Court of New York · 1908

3Cited by11 opinions

  1. State Ex Rel. Security Mutual Life Insurance v. AllenSupreme Court of Missouri · 1924
  2. Ferguson v. Phoenix Assurance Co.Supreme Court of Kansas · 1962
  3. Swanson, Inc. v. Central Surety & InsuranceSupreme Court of Missouri · 1938
  4. Howell v. Security Mutual Life InsuranceMissouri Court of Appeals · 1923
  5. American Surety Co. v. Southern Oil Stores, Inc.Alabama Court of Appeals · 1930

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