Barnes v. Continental Insurance
Missouri Court of Appeals
Appeal from the Webster Circuit Court, Hon. W. I. Wallace, Judge. The harmonious construction of the several pi’ovisions of the policy and instalment note shows that this was not an absolute policy of insurance for five years, but a policy for one year which might be renewed at the expiration thereof, yearly, for a period not exceeding in all five years. Ins. Co. v. Stop, 41' Mich. 385; Yost v. Ins. Co., 39 Mich. 531; May on Ins.,,. sec. 341a.
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Appeal from the Webster Circuit Court, Hon. W. I. Wallace, Judge. The harmonious construction of the several pi’ovisions of the policy and instalment note shows that this was not an absolute policy of insurance for five years, but a policy for one year which might be renewed at the expiration thereof, yearly, for a period not exceeding in all five years. Ins. Co. v. Stop, 41' Mich. 385; Yost v. Ins. Co., 39 Mich. 531; May on Ins.,,. sec. 341a. In order to cancel the policy, they,. by its-berms, were obliged to return the unearned premiums, whicb it is not pretended was done. Powell ®. Ins.…
1Opinion of the CourtPeers, J.
This was an action in the circuit court of Webster county on a policy of insurance for six hundred dollars, against loss by fire and lightning, issued by respondent to appellant. The policy was on the “annual instalment plan” and covered a period of five years from the twenty-fifth of March, 1884, to the twenty-fifth of March, 1889, inclusive. The policy contained among other things the following provisions : ‘£ And the Continental Insurance Company hereby agrees to indemnify and make good unto the assured * * * from the twenty-fifth day of March, 1884, at twelve o’ clock noon, to the…
2Cases cited9 opinions
- Williams v. Albany City InsuranceMichigan Supreme Court · 1870
- Franklin Fire Insurance v. Chicago Ice Co.Court of Appeals of Maryland · 1872
- Keim v. Home Mutual Fire & Marine InsuranceSupreme Court of Missouri · 1867
- Wilson v. Ætna InsuranceSupreme Court of Vermont · 1854
- American Insurance v. StoyMichigan Supreme Court · 1879
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3Cited by5 opinions
- Malone v. State Life InsuranceMissouri Court of Appeals · 1919
- Barnard v. National Fire InsuranceMissouri Court of Appeals · 1889
- Bridgewater v. General Exchange InsuranceMissouri Court of Appeals · 1939
- Dircks v. German InsuranceMissouri Court of Appeals · 1889
- Sprague v. Western Home InsuranceMissouri Court of Appeals · 1892