Sullivan v. Germania Fire Insurance
Missouri Court of Appeals
Appeal from Vernon Circuit Court. — Hon. H. O. Timmonds, Judge. (1) The policy provides for a magistrate’s certificate. Such provision is reasonable, valid and binding, and when required to do so, insured must furnish such certificate. Noonan v. Ins. Co., 21 Mo. 81; Erwin v. Ins. Co., 24 Mo. App. 145; Eink v. Ins. Co., 60 Mo. App. 673; DeLand v. Ins. Co., 68 Mo. App. 277; McCullough v. Ins. Co., 113 Mo. 606, 613; Johnson v. Ins.
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Appeal from Vernon Circuit Court. — Hon. H. O. Timmonds, Judge. (1) The policy provides for a magistrate’s certificate. Such provision is reasonable, valid and binding, and when required to do so, insured must furnish such certificate. Noonan v. Ins. Co., 21 Mo. 81; Erwin v. Ins. Co., 24 Mo. App. 145; Eink v. Ins. Co., 60 Mo. App. 673; DeLand v. Ins. Co., 68 Mo. App. 277; McCullough v. Ins. Co., 113 Mo. 606, 613; Johnson v. Ins. Co., 112 Mass. 49; Nelly v. Sun Fire Office, 141 Pa. 10; Langel v. Ins. Co., 17 Up. Can. 2 B. 524; Lane v. Ins. Co., 52 N. W. Rep. (Minn.) 649. The plaintiff was…
1Opinion of the CourtEllison, J.
Plaintiff’s dwelling house was destroyed by fire during the life of a policy of insurance issued to him by the defendant company. He sued for the amount of the policy and recovered .judgment in the trial court.
It appears that the property was vacant when burned. On the day of the fire, plaintiff met defendant’s agent in the city of Nevada at about noon and requested a vacancy permit to be attached to the policy, leaving the policy with .the agent for *109that purpose. Plaintiff and the agent separated ; plaintiff not returning for the policy, the agent mailed it to him that day with permit for…
2Cases cited12 opinions
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Cooks v. Continental InsuranceSupreme Court of Missouri · 1879
- Johnson v. Phœnix InsuranceMassachusetts Supreme Judicial Court · 1873
- Fink v. Lancashire InsuranceMissouri Court of Appeals · 1895
- Erwin v. Springfield Fire & Marine InsuranceMissouri Court of Appeals · 1887
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3Cited by2 opinions
- Patterson v. American InsuranceMissouri Court of Appeals · 1913
- Everett v. Patrons & Farmers Mutual Fire InsuranceMissouri Court of Appeals · 1928