Prendergast v. Dwelling House Insurance
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The petition wholly fails to state ownership of the insured property by assured either at the time the policy was written or'at loss. This is fatal. Story v. Ins. Co., 61 Mo. App. 534; Harness v. Ins. Go., 62 Mo. App. 245. (2) No proofs of loss were made within the sixty days. There should therefore have been no recovery. Mattox v. Ins. Co., 56 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The petition wholly fails to state ownership of the insured property by assured either at the time the policy was written or'at loss. This is fatal. Story v. Ins. Co., 61 Mo. App. 534; Harness v. Ins. Go., 62 Mo. App. 245. (2) No proofs of loss were made within the sixty days. There should therefore have been no recovery. Mattox v. Ins. Co., 56 Mo. App. 343. (3) Givens, the adjuster, did nothing to waive proofs. The agreement that he took from the assured, in plain terms declares that said agreement and the…
1Opinion of the CourtBond, J.
The petition in this c¿se alleges that defendant, for a valuable consideration, “did insure the following property of the plaintiffs” (describing a one story dwelling in this city) in the sum of $600, against loss by fire during the continuance of the policy; that within the time specified the property was totally destroyed; that, notwithstanding plaintiffs performed all the conditions of the policy, defendant refused to pay, wherefore judgment was asked for said $600 and ten per cent damages for vexatious refusal to pay said loss.
The answer was a general denial, and an affirmative defense…
2Cases cited2 opinions
- McDermott v. ClaasSupreme Court of Missouri · 1890
- McCollum v. Hartford Fire InsuranceMissouri Court of Appeals · 1896
3Cited by5 opinions
- Gold Issue Mining & Milling Co. v. Pennsylvania Fire InsuranceSupreme Court of Missouri · 1916
- Hackett Bros. v. Philadelphia UnderwritersMissouri Court of Appeals · 1899
- Jones v. Philadelphia UnderwritersMissouri Court of Appeals · 1899
- Heindselman v. Home Insurance Co.Missouri Court of Appeals · 1955
- Bondurant v. German InsuranceMissouri Court of Appeals · 1898