Williamson v. Liverpool & London & Globe Ins.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Western District of Missouri. Florence Williamson sued the insurance company to recover the amount of a total loss under three policies of fire insurance, and in addition thereto damages for vexatious delay in payment, and attorney’s fees. During the progress of the litigation which ensued the company tendered and deposited in court the entire amount of the policies and costs to that time.
Read the full summary
In Error to the Circuit Court of the United States for the Western District of Missouri. Florence Williamson sued the insurance company to recover the amount of a total loss under three policies of fire insurance, and in addition thereto damages for vexatious delay in payment, and attorney’s fees. During the progress of the litigation which ensued the company tendered and deposited in court the entire amount of the policies and costs to that time. Thereafter the controversy, which was confined to the matter of damages and attorney’s fees, was determined in favor of the company. The plaintiff…
1Opinion of the CourtHook, Circuit Judge
The claim for damages and attorney’s fees, in addition to the loss under the policies, was asserted upon the authority of a Missouri statute, which provides that, if in an action upon a policy of insurance it appears from the evidence that the company has vexatiously refused to pay, the court or jury may in addition to the amount of the loss-allow the plaintiff damages not exceeding 10 per cent, thereof, and also-a reasonable attorney’s fee. Rev. St. Mo. 1899, § 8012. The plaintiff’s petition contained appropriate averments in support of her rights under the statute, but upon motion of the…
2Cases cited22 opinions
- Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
- United States Mutual Accident Ass'n v. BarrySupreme Court of the United States · 1889
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Southern Pacific Co. v. DentonSupreme Court of the United States · 1892
- Harkness v. HydeSupreme Court of the United States · 1879
17 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Blazer v. BlackCourt of Appeals for the Tenth Circuit · 1952
- Andrew Schlafly v. Eagle ForumCourt of Appeals for the Eighth Circuit · 2020
- Acuity, A Mutual Insurance Co. v. Rex, LLCCourt of Appeals for the Eighth Circuit · 2019
- State v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1912
- United States v. ForbesDistrict Court, M.D. Alabama · 1919
6 more not listed; retrieve them via the Exa API.