Utz v. Insurance Co. of North America
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Sou. O. A. Mosman, Judge. (1) The policy sued on contained this condition: “This entire policy, unless otherwise provided by agreement endorsed hereon or added hereto, shall be void'if the insured now has or shall hereafter make or procure any other contract of insurance, whether valued or not, on property covered in whole or in part by this policy.” This policy condition has always been upheld by our courts.
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Appeal from Buchanan Circuit Court. — Sou. O. A. Mosman, Judge. (1) The policy sued on contained this condition: “This entire policy, unless otherwise provided by agreement endorsed hereon or added hereto, shall be void'if the insured now has or shall hereafter make or procure any other contract of insurance, whether valued or not, on property covered in whole or in part by this policy.” This policy condition has always been upheld by our courts. Barnard v. Insurance Co., 27 Mo. App. 26; Rothschild v. Insurance Co., 62 Mo. 356. (2) And while, of course, under the decision of our courts,…
1Opinion of the Court
ELLISON, J. —
Plaintiff instituted this action on a policy of insurance issued to him by defendant, and recovered judgment in the trial court for loss of his property as well as for a penalty for vexatious refusal to pay the loss.
*155The policy covered loss of pláintiff’s house in the sum of $700 and loss of piano in the sum of $300. It is contended by defendant that plaintiff had other insurance on the piano of which it was not advised and that therefore the policy was avoided under specific provisions therein to that effect. The evidence, as plaintiff interprets it, shows that defendant’s agent…
2Cases cited7 opinions
- Alsup & Thompson v. JordanTexas Supreme Court · 1887
- Keller v. Home Life InsuranceSupreme Court of Missouri · 1906
- Blackwell v. American Central InsuranceMissouri Court of Appeals · 1899
- Lee v. GorhamMassachusetts Supreme Judicial Court · 1896
- Crossman v. BaldwinSupreme Court of Connecticut · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Rogers v. Connecticut Fire InsuranceMissouri Court of Appeals · 1911
- Johnston v. Fidelity & Deposit Co.Missouri Court of Appeals · 1925