Young v. Fidelity & Casualty Co.
Missouri Court of Appeals
Appeal from the Circuit Court of St. Louis County.-— Hon. G. A. Wurdeman, Judge. (1) Plaintiff is hound to the truth of the material representations of fact or warranties contained in the schedule of statements incorporated in the policy by his acceptance of the same and by presenting a claim under it. Overton v. Insurance Co., 79 Mo. App. 1; Terminal Ice & P. Co. v. Insurance Co., 196 Mo.
Read the full summary
Appeal from the Circuit Court of St. Louis County.-— Hon. G. A. Wurdeman, Judge. (1) Plaintiff is hound to the truth of the material representations of fact or warranties contained in the schedule of statements incorporated in the policy by his acceptance of the same and by presenting a claim under it. Overton v. Insurance Co., 79 Mo. App. 1; Terminal Ice & P. Co. v. Insurance Co., 196 Mo. App. 241; Tiffany v. Insurance Co., 199 Mo; App. 36; Mers v. Insurance Co., 68 Mo. 127; ‘WoloAvich v. Surety Co., 136 N. Y. Supp. 793. (2) The representation by plaintiff in the schedule of statements in…
1Opinion of the Court
OPINION.
Appellant contends that under the evidence the respondent did not at any time actually occupy the premises as his dwelling within the meaning of the policy, and relies mainly on the case of Cook v. Insurance Company, 70 Mo. 610. We have examined that decision and find that the facts there differ materially from the facts in case at bar, in this that in the Cook case the assured left the house and went elsewhere to reside, intending to move away permanently. While the assured in that case left a man in possession with instructions to sleep at the house at night, the man quit the…
2Cases cited7 opinions
- Non-Royalty Shoe Co. v. Phoenix Assurance Co.Supreme Court of Missouri · 1919
- Ashworth v. Builders' Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1873
- Cooks v. Continental InsuranceSupreme Court of Missouri · 1879
- Hoover v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1902
- Burnham v. Royal InsuranceMissouri Court of Appeals · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Bledsoe v. Farm Bureau Mutual Insurance Co.Missouri Court of Appeals · 1960
- Limbaugh v. Columbia Insurance Co. of New YorkMissouri Court of Appeals · 1963
- Leone v. BilyeuSupreme Court of Missouri · 1951
- Hemenway v. American Casualty Co. of ReadingDistrict Court, W.D. Louisiana · 1963