Legal Opinion

Insurance Co. of North America v. Cullen

Supreme Court of Missouri

Decided November 29, 1911Published

Appeal from Audrain Circuit'Court. — Hon. James D. Barnett, Judge. (1) The policies a.re interdependent; each company is interested in the fixation of the true amount of loss; each of the actions at law presents the same 'questions, questions of law and fact in which each and all of the parties to the petition are equally interested. If the petition is sustained, a multiplicity of suits is thereby prevented.

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Appeal from Audrain Circuit'Court. — Hon. James D. Barnett, Judge. (1) The policies a.re interdependent; each company is interested in the fixation of the true amount of loss; each of the actions at law presents the same 'questions, questions of law and fact in which each and all of the parties to the petition are equally interested. If the petition is sustained, a multiplicity of suits is thereby prevented. The true amount of loss can thereby be ascertained, and the liability of each company fixed, and the loss apportioned between the several insurance companies. It therefore presents…

1Opinion of the Court

BROWN, C.

The plaintiffs and appellants are ten fire insurance companies named in the petition as follows: Insurance Company of North America of Philadelphia, Allemannia Insurance Company of Pitts-burg, American Insurance Company of Boston, Firemen’s Insurance Company of Newark, New Jersey, *562German American Insurance Company of New York, Insurance Company of the State of Illinois, Michigan Fire.and Marine Insurance Company of Detroit, Pennsylvania Fire Insurance Company of Philadelphia, Phoenix Insurance Company of Hartford, Connecticut, Royal Insurance Company of Liverpool, England. The…

2Cases cited8 opinions

  1. Insurance Co. v. BaileySupreme Court of the United States · 1871
  2. Equitable Life Assurance Society of the United States v. BrownSupreme Court of the United States · 1909
  3. Cable v. United States Life InsuranceSupreme Court of the United States · 1903
  4. Schuermann v. Union Central Life InsuranceSupreme Court of Missouri · 1901
  5. Mechanics' Ins. Co. of Philadelphia v. C. A. Hoover Distilling Co.Court of Appeals for the Eighth Circuit · 1909

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