Roberts v. Insurance Co. of America
Missouri Court of Appeals
Appeal from Laclede Circuit Court. — Hon. L. B. Woodside, Judge. STATEMENT OE THE OASE. Tbe petition is on a policy insuring tbe plaintiff against loss by fire of certain personal property described in tbe petition and in tbe policy.
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Appeal from Laclede Circuit Court. — Hon. L. B. Woodside, Judge. STATEMENT OE THE OASE. Tbe petition is on a policy insuring tbe plaintiff against loss by fire of certain personal property described in tbe petition and in tbe policy. It is alleged that on tbe . . . day of January, 1900, while the policy was in force, all of the property insured was destroyed by fire and was a. total loss to plaintiff; that plaintiff complied with all the conditions of the policy and had repeatedly demanded a settlement and payment of the loss, which had been refused by the defendant. ■ The answer admitted the…
1Opinion of the CourtBland, P. J.
I. The court instructed and the jury found for plaintiff for the full amount of the insurance as fixed by the policy. Defendant’s contention is that the recovery should not have exceeded three-fourths of the actual cash value of the property insured and that its refused instruction number five should have been given. The policy contains a clause limiting the right of recovery to three-fourths of the cash value of the property insured, not to exceed the amount of the insurance, and defendant’s refused instruction should have been given as it correctly defined the measure of damages.
II.…
2Cases cited2 opinions
- Loeb v. American Central InsuranceSupreme Court of Missouri · 1889
- Porter v. German-American InsuranceMissouri Court of Appeals · 1895
3Cited by9 opinions
- Sentinel Fire Insurance v. McRobertsCourt of Appeals of Georgia · 1934
- Curtis v. Indemnity Co. of AmericaSupreme Court of Missouri · 1931
- Gould v. MFA Mutual Insurance CompanyMissouri Court of Appeals · 1960
- Occidental Fire Ins. v. Fort Worth Grain & Elevator Co.Court of Appeals of Texas · 1927
- Malin v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1904
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