Angelrodt & Barth v. Delaware Mutual Insurance
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. The facts appear in the opinion of the court. I. The method adopted by the court, on its own motion, for adjusting the loss, was in violation of the terms and conditions of the policy sued upon. By the seventh condition, defendant is only liable for such rateable proportion of the loss on the merchandise insured under its policy as the amount insured by defendant bears to the whole amount insured thereon.
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Appeal from St. Louis Court of Common Pleas. The facts appear in the opinion of the court. I. The method adopted by the court, on its own motion, for adjusting the loss, was in violation of the terms and conditions of the policy sued upon. By the seventh condition, defendant is only liable for such rateable proportion of the loss on the merchandise insured under its policy as the amount insured by defendant bears to the whole amount insured thereon. Defendant had insured $5,000, while the St. Louis Mutual had insured $4,000 on the identical property covered by defendant’s policy, while the…
1Opinion of the CourtBates, Judge
Angelrodt & Barth were insured against loss by fire by the defendant in the sum of five thousand dollars, in merchandise held by them for themselves, and on trust and commission for account of whom it may concern. They were also insured by the St. Louis Mutual Eire and Marine Insurance Company in the sum of four thousand dollars on merchandise held in a similar manner and also on merchandise held on storage, which last was not covered by the policy of the defendant. Merchandise of plaintiffs was destroyed by fire to the amount of $9,157.75 ; of this sum $7,470.75 was covered by the policy of…
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