Wisecup v. American Insurance
Missouri Court of Appeals
Appeal from Greene County Circuit Court. — No». Guy D. Kirby, Judge. (1) The petition should allege an insurable interest in the assured at tlie time be obtained the policy and at the time of the loss. The failure to do so is fatal. Harness v. The National Fire Ins. Co., 62 Mo. App. 245 ; Scott v. Phoenix Ins. Co., 65 Mo. App. 75; Clevinger v. Northwestern Ins. Co., 71 Mo.
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Appeal from Greene County Circuit Court. — No». Guy D. Kirby, Judge. (1) The petition should allege an insurable interest in the assured at tlie time be obtained the policy and at the time of the loss. The failure to do so is fatal. Harness v. The National Fire Ins. Co., 62 Mo. App. 245 ; Scott v. Phoenix Ins. Co., 65 Mo. App. 75; Clevinger v. Northwestern Ins. Co., 71 Mo. App. 73. Hence the demurrer of defendant, its objection to any evidence, and its motion in arrest, should have been sustained. (2) The law requires that the assured must have an interest in the property insured, otherwise…
1Opinion of the CourtSturgis, J.
— This is, a suit on a policy of insurance on a dwelling house in Webb City, Missouri, *313wherein it is provided that same shall be void in case the insured is. not the sole and unconditional owner of the same in fee both at law and in equity. The property insured burned during the life of the policy. The petition admits and the evidence shows that the legal title was in plaintiff’s wife both at the time the policy was issued and when the property was destroyed by fire. The plaintiff had at one time owned the property, but several years before this policy was issued he had deliberately and…
2Cases cited11 opinions
- Agricultural Insurance v. MontagueMichigan Supreme Court · 1878
- Woodward v. WoodwardSupreme Court of Missouri · 1899
- Oatman v. Bankers' Fire Relief Ass'nOregon Supreme Court · 1913
- Travis v. Continental InsuranceMissouri Court of Appeals · 1888
- Brown v. BrownSupreme Court of Missouri · 1894
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- North British & Mercantile Ins. Co. v. SciandraSupreme Court of Alabama · 1951
- Sun Life Assurance Co. of Canada v. AllenMichigan Supreme Court · 1935
- Moore v. State Farm Mutual Automobile Insurance Co.Missouri Court of Appeals · 1964
- Lafont v. Home InsuranceMissouri Court of Appeals · 1916
- Raney v. Home InsuranceMissouri Court of Appeals · 1922
6 more not listed; retrieve them via the Exa API.