Tinsley v. Ætna Insurance
Missouri Court of Appeals
Appeal from the Circuit Court of Lincoln County.— Eon. Edgar B. Woolf oik, Judge. (1) An abandonment or an offer to abandon is an indispensable prerequisite of a claim for a constructive total loss. The first instruction given by the court at the plaintiff’s request is erroneous, for charging, in accordance with the policy provision, as to a constructive total loss without reference to the question of abandonment.
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Appeal from the Circuit Court of Lincoln County.— Eon. Edgar B. Woolf oik, Judge. (1) An abandonment or an offer to abandon is an indispensable prerequisite of a claim for a constructive total loss. The first instruction given by the court at the plaintiff’s request is erroneous, for charging, in accordance with the policy provision, as to a constructive total loss without reference to the question of abandonment. As there was confessedly no abandonment and no offer to abandon, the whole instruction is misleading and erroneous. 26 Cyc. 697; G-lobe Ins. Co. v. Sherlock, 25 O. S. 50, at 65;…
1Opinion of the CourtAllen, J.
This is an action upon a policy of insurance, in the sum of $1000, issued by the defendant insurance company, on August 3, 1912, insuring the steamboat “Wenona” for one year against loss by fire and other perils; being one of a series of four policies issued simultaneously by defendant to plaintiff (doing business as the Tinsley Steamboat Company) on the boat mentioned, the insurance aggregating in all $10,000. Defendant lived at or near Caruthersville, Missouri, and the policies were delivered to him at that place through a firm of local insurance agents. Shortly prior to the issuance of the…
2Cases cited16 opinions
- Havens v. Germania Fire InsuranceSupreme Court of Missouri · 1894
- Corson v. Anchor Mutual Fire InsuranceSupreme Court of Iowa · 1901
- Dolan v. Missouri Town Mutual Fire InsuranceMissouri Court of Appeals · 1900
- Keet-Rountree Dry Goods Co. v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1903
- Keys v. National Council Knights & Ladies of SecurityMissouri Court of Appeals · 1913
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3Cited by29 opinions
- Reliance Insurance Company v. The Yacht Escapade Ex the Thor II Etc., Reliance Insurance Company v. Howard BondCourt of Appeals for the Fifth Circuit · 1960
- Block v. United States Fidelity & Guaranty Co.Supreme Court of Missouri · 1926
- Wells v. Missouri Property Insurance Placement FacilitySupreme Court of Missouri · 1983
- Royal Insur. Co. v. DruryCourt of Appeals of Maryland · 1926
- Monsanto Co. v. C.E. Heath Compensation & Liability InsuranceSupreme Court of Delaware · 1995
24 more not listed; retrieve them via the Exa API.