Bush v. Missouri Town Mutual Insurance
Missouri Court of Appeals
Appeal from the Harrison Circuit Court. — Hon. P. G. Stepp, Judge. (1) A mere soliciting agent has no authority to waive or modify any requirements or conditions of an insurance policy, especially where such policy contains an express denial of such authority. Lama v. Ins. Co., 51 Mo. App. 4-51; Shoup v. Ins. Co., 51 Mo. App. 291; Wolf v. Ins. Co., 15 Mo. App. 831; Embree v. Ins. Co., 62 Mo.
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Appeal from the Harrison Circuit Court. — Hon. P. G. Stepp, Judge. (1) A mere soliciting agent has no authority to waive or modify any requirements or conditions of an insurance policy, especially where such policy contains an express denial of such authority. Lama v. Ins. Co., 51 Mo. App. 4-51; Shoup v. Ins. Co., 51 Mo. App. 291; Wolf v. Ins. Co., 15 Mo. App. 831; Embree v. Ins. Co., 62 Mo. App. 134. (2) An agent of a mutual insurance company can not waive any essential condition of insurance as set forth in the by-laws or policy. Baxter v. Ins. Co., 1 Allen 294; Brewer v. Ins. Co., 14 Gray…
1Opinion of the CourtEllison, J.
— This is an action on a policy of fire insurance. The judgment in the trial court was for plaintiff. Defendant insists on four points for reversal:
First. Plaintiff’s failure to keep and produce a cash book. Second. His failure to keep and produce a book showing purchases and sales for cash and credit. Third. Failure to keep such books and his inventories either in an iron safe, or in some place secure from a fire which would destroy the building injured, when it was not open for business. Fourth. Taking out other insurance without the consent of the insurer.
Plaintiff seeks to avoid these…
2Cases cited5 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Springfield Steam Laundry Co. v. Traders' InsuranceSupreme Court of Missouri · 1899
- Williams v. Bankers & Merchants' Town Mutual Fire InsuranceMissouri Court of Appeals · 1898
- Jenkins v. German InsuranceMissouri Court of Appeals · 1894
- Rickey v. German Guarantee Town Mutual Fire InsuranceMissouri Court of Appeals · 1899
3Cited by15 opinions
- Rhodus v. Kansas City Life InsuranceMissouri Court of Appeals · 1911
- Ross-Langford v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1902
- Carr v. Pacific Mutual Life InsuranceMissouri Court of Appeals · 1903
- Rudd v. American Guarantee Fund Mutual Fire InsuranceMissouri Court of Appeals · 1906
- Sheets v. Iowa State InsuranceMissouri Court of Appeals · 1911
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