Shoup v. Dwelling-House Fire Insurance
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. Cl) Assured not being sole, unconditional owner in fee simple, policy is void. Could cite scores of cases, but not necessary. Barnard v. Ins. Co., 27 Mo. App. 33; 1 May on Insurance [3 Ed.] sec. 294y. (2) Plaintiff dealt with an agent of limited authority.
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Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. Cl) Assured not being sole, unconditional owner in fee simple, policy is void. Could cite scores of cases, but not necessary. Barnard v. Ins. Co., 27 Mo. App. 33; 1 May on Insurance [3 Ed.] sec. 294y. (2) Plaintiff dealt with an agent of limited authority. This limitation upon his authority was clearly expressed in the application, also in the policy retained in the possession of the plaintiff for one year, eight months and nine days. She cannot now be heard to say that she did not read the notice made prominent by the use of…
1Opinion of the CourtEllison, J.
This action, is founded on a policy of insurance containing the following stipulations: “Dwelling-House Insurance Company of Boston,. Massachusetts, in consideration of the stipulations, herein named, and of $21.50 premium, does insure A. B. Shoup against all direct loss or damage by fire or lightning, except as hereinafter provided, to an amount not exceeding, etc.
“This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any fact or circumstance concerning this insurance, or the subject thereof; or if the interest of the insured in *290the…
2Cases cited12 opinions
- Hayward, Assignee v. National InsuranceSupreme Court of Missouri · 1873
- Loehner v. Home Mutual InsuranceSupreme Court of Missouri · 1852
- Combs v. Hannibal Savings & InsuranceSupreme Court of Missouri · 1869
- Breckinridge v. American Central InsuranceSupreme Court of Missouri · 1885
- Franklin v. Atlantic Fire InsuranceSupreme Court of Missouri · 1868
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Springfield Steam Laundry Co. v. Traders' InsuranceSupreme Court of Missouri · 1899
- Trabue v. Dwelling House InsuranceSupreme Court of Missouri · 1894
- Burnham, Hanna, Munger & Co. v. Greenwich InsuranceMissouri Court of Appeals · 1895
- Nixon v. German InsuranceMissouri Court of Appeals · 1897
- Cagle v. Chillicothe Town Mutual Fire InsuranceMissouri Court of Appeals · 1899
5 more not listed; retrieve them via the Exa API.