Standard Leather Co. v. Mercantile Town Mutual Insurance
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Now. Jas. E. Withrow, Judge. (1) A stipulation in a policy that it shall be void if the insured is not the sole and unconditional owner of the property does not refer to encumbrances upon the property, but to the character and. quality of the title. It is well settled that this provision is not violated by the existence of liens or encumbrances. Kerr on Insurance, sec. 151; Boulware v. Insurance Co., 72 Mo.
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Appeal from St. Louis City Circuit Court. — Now. Jas. E. Withrow, Judge. (1) A stipulation in a policy that it shall be void if the insured is not the sole and unconditional owner of the property does not refer to encumbrances upon the property, but to the character and. quality of the title. It is well settled that this provision is not violated by the existence of liens or encumbrances. Kerr on Insurance, sec. 151; Boulware v. Insurance Co., 72 Mo. App. 639; Bushnell v. Insurance Co., 110 Mo. App. 223; Pres. etc. v. Insurance Co., 1 Pitts. (Miss.), 41 So. 5; 1 May on Insurance, sec. 287;…
1Opinion of the CourtGoode, J.
(after stating the facts). — Plaintiff is a corporation organized under the laws of the State of Pennsylvania, and defendant is a town mutual insurance company organized under the laws of the State of Missouri. As such it is exempt from the general insurance laws of the State. ,[R. S. 1899, sec. 8024.] Defendant issued a policy of insurance to plaintiff on certain property belonging to the latter, situate on the line of the West Pennsylvania Railroad Company at Cheswick, Allegheny county, Pennsylvania. The policy ran from July 30, 1903, to July 30, 1904. ■ It covered what appears to have been…
2Cases cited19 opinions
- Thompson v. Traders' InsuranceSupreme Court of Missouri · 1902
- Imperial F. Ins. v. DunhamSupreme Court of Pennsylvania · 1888
- Dolliver v. St. Joseph Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1880
- Vankirk v. Citizens' Insurance Co.Wisconsin Supreme Court · 1891
- Morrison's Administrator v. Tennessee Marine & Fire InsuranceSupreme Court of Missouri · 1853
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3Cited by8 opinions
- Lass v. EliassenCalifornia Court of Appeal · 1928
- Stewart v. Omaha Loan & Trust Co.Supreme Court of Missouri · 1920
- MFA Mutual Insurance Co. v. Farmers & Merchants Insurance Co.Missouri Court of Appeals · 1969
- Ornatowski v. National Liberty Ins. Co. of AmericaMichigan Supreme Court · 1939
- Terminal Ice & Power Co. v. American Fire InsuranceMissouri Court of Appeals · 1917
3 more not listed; retrieve them via the Exa API.