Hollenbeck & Co. v. Mercantile Town Mutual Fire Insurance
Missouri Court of Appeals
Appeal from New Madrid Circuit Court. — Hon. Henry C. Riley, Judge. (1) A- mortgage is a matter material to the risk and a failure to disclose the same when disclosure is required avoids the policy. Oagle v. Insurance Co., 75 Mo. App. 215; Holloway v. Insurance Co., 48 Mo. App. 1, affirmed on this point, 121 Mo. 87; Baxter v. Insurance Co., 65 Mo. App. 255; Hubbard v. Insurance Co., 57 Mo. App. 1; Harness v. Insurance Co., 62 Mo.
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Appeal from New Madrid Circuit Court. — Hon. Henry C. Riley, Judge. (1) A- mortgage is a matter material to the risk and a failure to disclose the same when disclosure is required avoids the policy. Oagle v. Insurance Co., 75 Mo. App. 215; Holloway v. Insurance Co., 48 Mo. App. 1, affirmed on this point, 121 Mo. 87; Baxter v. Insurance Co., 65 Mo. App. 255; Hubbard v. Insurance Co., 57 Mo. App. 1; Harness v. Insurance Co., 62 Mo. App. 245. ■ (2) The insured is bound by his statements in the application, in the absence of a showing of fraud or deceit on the part of the agent writing the…
1Opinion of the CourtBland, P. J.
Defendant company, by its policy dated May 30, 1904, insured plaintiff against loss by fire as MIoavs: Six hundred dollars on his one-story *59frame building, situated on lot 11, block 18, in the town of Portageville, New Madrid county, Missouri; four hundred dollars on his stock of merchandise, consisting principally of drugs and medicines, located in said building. In December, 1904, and during the life of the policy, the building was totally destroyed by fire, as was the greater part of the merchandise covered by the policy. The action is on the policy to recover the fire loss. Plaintiff…
2Cases cited11 opinions
- Gibson v. Missouri Town Mutual Ins.Missouri Court of Appeals · 1900
- Malin v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1904
- Crigler v. Standard Fire InsuranceMissouri Court of Appeals · 1892
- Bushnell v. Farmers Mutual InsuranceMissouri Court of Appeals · 1905
- Bruer v. Kansas Mutual Life InsuranceMissouri Court of Appeals · 1903
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bearden v. Countryside Casualty CompanyMissouri Court of Appeals · 1961
- Buck v. Stuyvesant InsuranceMissouri Court of Appeals · 1922
- Pace v. American Central InsuranceMissouri Court of Appeals · 1913
- Grand Fraternity v. MulkeyCourt of Appeals of Texas · 1910
- Bever v. Home Insurance Co.Missouri Court of Appeals · 1910
1 more not listed; retrieve them via the Exa API.