F. Gardner & Son v. Standard Insurance
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. Oliver H. Dean, Special Judge. (1) There was other insurance outstanding. The policy on its face being valid so that it took extrinsic evidence to show its invalidity, the contract of insurance in suit precluded the parties from making such inquiry. Ins. Co. v. Copeland, 90 Ala. 386; Ins. Co. v. Lamar, 106 Ind. 513; Ins.
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Appeal from the Jackson Circuit Court. — Hon. Oliver H. Dean, Special Judge. (1) There was other insurance outstanding. The policy on its face being valid so that it took extrinsic evidence to show its invalidity, the contract of insurance in suit precluded the parties from making such inquiry. Ins. Co. v. Copeland, 90 Ala. 386; Ins. Co. v. Lamar, 106 Ind. 513; Ins. Co. v. Hulmán & Cox., 92 111. 145. (2) The Oakland Home policy was valid because under its terms it could only be terminated by an unequivocal notice to the assured that it was actually canceled. Here there was no such notice, but…
1Opinion of the CourtEllison, J.
The policy of insurance sued on in this case, was issued December 20, 1890, and contained, among other provisions, the following: “If there shall be any other insurance, whether valid or otherwise, on the property insured, this policy shall be void.” One of the defenses was that there Was other insurance outstanding at the time the policy was issued.-
The facts shown at the trial were that plaintiffs applied to an insurance agent named McGibbons, of Kansas City, for a policy of insurance on the property covered by the present policy, and that McGibbons, being unable to issue them a policy in…
Also in this document: Concurrence.
2Cases cited8 opinions
- Grace v. American Central InsuranceSupreme Court of the United States · 1883
- Hermann v. Niagara Fire InsururanceNew York Court of Appeals · 1885
- Standard Oil Co. v. . Triumph Insurance Co.New York Court of Appeals · 1876
- Insurance Companies v. RadenSupreme Court of Alabama · 1888
- Rothschild v. American Central InsuranceSupreme Court of Missouri · 1881
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3Cited by6 opinions
- MFA Mutual Insurance Co. v. Southwest Baptist College, Inc.Supreme Court of Missouri · 1964
- Chrisman & Sawyer Banking Co. v. Hartford Fire InsuranceMissouri Court of Appeals · 1898
- Pringle v. Aetna Life InsuranceMissouri Court of Appeals · 1907
- American Glove Co. v. Pennsylvania Fire InsuranceCalifornia Court of Appeal · 1910
- Aetna Life Insurance v. American Zinc, Lead & Smelting Co.Missouri Court of Appeals · 1913
1 more not listed; retrieve them via the Exa API.