Branigan v. Jefferson Mutual Fire Insurance
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — lion. Wm. Zachritz, Judge. (1) Admission by insurer of liability for tbe loss operates as waiver of all proof of said loss. Funk v. Ins .Co., 66 Mo. App. 513; Cobn v. Ins. Co., 62 Mo. App. 271; Landrum v. Ins. Co., 68 Mo. App. 339. (2) Entering into an arbitration agreement between insurer and insured, looking toward settlement of the loss, likewise operates as waiver of all proof of said loss. Murphy v; Ins. Co., 70 Mo.
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Appeal from St. Louis City Circuit Court. — lion. Wm. Zachritz, Judge. (1) Admission by insurer of liability for tbe loss operates as waiver of all proof of said loss. Funk v. Ins .Co., 66 Mo. App. 513; Cobn v. Ins. Co., 62 Mo. App. 271; Landrum v. Ins. Co., 68 Mo. App. 339. (2) Entering into an arbitration agreement between insurer and insured, looking toward settlement of the loss, likewise operates as waiver of all proof of said loss. Murphy v; Ins. Co., 70 Mo. App. 78. (3) Failure of insurer to furnish to insured, sustaining loss or damage by fire, such blank forms or statements and…
1Opinion of the CourtGoode, J.
(after stating the facts as above). — 1. The action was well brought in the name of the assured. In some jurisdictions, including the Federal courts, it must'be brought that way whether the loss is payable to a mortgagee or trustee. 4 Joyce, Insurance, sec., 3611; Friemansdorf v. Ins. Co., 1 Fed. 68. In this State the mortgagee may sue so long as the debt remains unpaid; but so may the mortgagor, who is regarded during that period as the trustee of an express trust. Anthony v. German Am. Ins. Co., 48 Mo. App. 65.
2. Proofs of loss were waived by the company; for its adjuster conferred with the…
2Cases cited7 opinions
- Havens v. Germania Fire InsuranceSupreme Court of Missouri · 1894
- Nordyke & Marmon Co. v. GeryIndiana Supreme Court · 1887
- Fontaine v. Boatmens' Savings InstitutionSupreme Court of Missouri · 1874
- Anthony v. German American InsuranceMissouri Court of Appeals · 1892
- Ampleman v. Citizens' InsuranceMissouri Court of Appeals · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
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- Camden Fire Ins. Ass'n v. WandellCourt of Appeals of Texas · 1917
- Liverpool London Globe Ins. Co. v. CargillSupreme Court of Oklahoma · 1914
- McConnell Construction Co. v. Insurance Co. of St. LouisTexas Supreme Court · 1968
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