Murch Bros. Construction Co. v. Fidelity & Casualty Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. William T. Jones, Judge. (1) To have taken charge of the defense of the Butz case unconditionally, and not to have relinquished the further defense of the case to its assured, after the judgment predicated upon a violation of an ordinance, would have been to have conclusively estopped appellant from thereafter asserting that the Butz case was not covered by its policy. Myton v. Fid. & Cas. C'o., 117 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. William T. Jones, Judge. (1) To have taken charge of the defense of the Butz case unconditionally, and not to have relinquished the further defense of the case to its assured, after the judgment predicated upon a violation of an ordinance, would have been to have conclusively estopped appellant from thereafter asserting that the Butz case was not covered by its policy. Myton v. Fid. & Cas. C'o., 117 Mo. App. 442; Royle Mining Co. v. Fid. & Cas. Co., 126 Mo. App. 104; Fairbanks Canning Co. v. London G-. & A. Co., 154 Mo. App. 327; Tozer v. Ocean…
1Opinion of the Court
REYNOLDS, P, J.
(after stating the facts). — It is obvious that the first and crucial point in this case turns upon whether, at the conclusion of the second trial, which resulted in a judgment of $3000 against the Insurance Company, that company was authorized to withdraw from further defense of the case on the ground stated, namely, that the verdict and judgment in that case eliminated from the case all issues as to liability save the issue of violation of the city ordinance by the Construction Company. Whether that is the construction which is to be put upon that verdict and judgment turns…
2Cases cited7 opinions
- St. Louis Dressed Beef & Provision Co. v. Maryland Casualty Co.Supreme Court of the United States · 1906
- Strong v. Phœnix InsuranceSupreme Court of Missouri · 1876
- Kansas City, Memphis & Birmingham Railroad v. Southern Railway News Co.Supreme Court of Missouri · 1899
- City of St. Joseph v. Union Railway Co.Supreme Court of Missouri · 1893
- Butz v. Murch Bros. Construction Co.Supreme Court of Missouri · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Rieger v. London Guarantee & Accident Co.Missouri Court of Appeals · 1919
- Listerman v. Day and Night Plumbing & Heating Serv.Missouri Court of Appeals · 1964
- Compton Heights Laundry Co. v. General Accident, Fire & Life Assurance Corp.Missouri Court of Appeals · 1916
- Brinkman v. Western Automobile Indemnity Ass'nMissouri Court of Appeals · 1920
- American Paper Products Co. v. Ætna Life InsuranceMissouri Court of Appeals · 1920
3 more not listed; retrieve them via the Exa API.