McCullough v. Phœnix Insurance
Supreme Court of Missouri
Appeal from Howard Circuit Court. — Hon. John A. Hockaday, Judge. (1) The provision of the policy pleaded in the answer respecting proofs of loss constituted in law a warranty, a condition precedent; a breach of which absolutely extinguished plaintiff’s right to recover for any loss of property covered by the policy.
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Appeal from Howard Circuit Court. — Hon. John A. Hockaday, Judge. (1) The provision of the policy pleaded in the answer respecting proofs of loss constituted in law a warranty, a condition precedent; a breach of which absolutely extinguished plaintiff’s right to recover for any loss of property covered by the policy. Hence, proof by plaintiffs that they bad complied with tbis condition and furnished defendant with such proof of loss was essential to their recovery in this case. Ins. Co. v. Kyle, 11 Mo. 278; Noonan v. Ins. Co., 21 Mo. 81; Sims v. Ins. Go., 47 Mo. 54; Krwinv. Ins. Co., 24 Mo.…
1Opinion of the CourtBurgess, J.
Suit on a policy of insurance. Defendant insured plaintiffs, from noon on the twen*612tieth. of August, 1889, to noon on the twentieth of August, 1890, to the amount of $2,500, against loss or damage by fire to a dwelling house belonging to them in Howard county, Missouri. The building was destroyed by fire on the thirty-first of January, 1890.
• The petition alleges that all the terms and conditions of the policy were complied with. The defense is bottomed on an alleged failure to comply with the conditions of the policy, which required “proof of loss” and also with another provision with…
2Cases cited20 opinions
- Uhrig v. . Williamsburgh City Fire Ins. Co.New York Court of Appeals · 1886
- Iron Mountain Bank v. ArmstrongSupreme Court of Missouri · 1887
- Bishop v. Agricultural InsuranceNew York Court of Appeals · 1892
- Saint Louis Insurance v. KyleSupreme Court of Missouri · 1848
- Franklin v. Atlantic Fire InsuranceSupreme Court of Missouri · 1868
15 more not listed; retrieve them via the Exa API.
3Cited by69 opinions
- Western Commercial Travelers' Ass'n v. SmithCourt of Appeals for the Eighth Circuit · 1898
- Bernhard v. Rochester German InsuranceSupreme Court of Connecticut · 1906
- Block v. United States Fidelity & Guaranty Co.Supreme Court of Missouri · 1926
- McFarland v. United States Mutual Accident Ass'nSupreme Court of Missouri · 1894
- Read & Traversy v. State InsuranceSupreme Court of Iowa · 1897
64 more not listed; retrieve them via the Exa API.